Case Summary
The case involves State Bank of India seeking to recover a loan amount from Bindhu. V. The defendant defaulted on her repayments despite acknowledging the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs.9,34,033/- with interest at the rate of 10.30% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Ext.A1 is the original letter of Arrangement dated 04.08.2020. Ext.A2 is the original Agreement of Loan-cum-Hypothecation dated 04.08.2020. Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs.9,34,033/- (Rupees Nine lakhs Thirty Four thousand and Thirty Three only) to the plaintiff with interest at the rate of 10.30% per annum for the principal amount from 28.11.2023 till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Age
- 51
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bindhu. V
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
A104/08/2020 Letter of Arrangement, A204/08/2020 Original Agreement of Loan-cum-Hypothecation, A3 28/07/2023 Revival Letter, A428/11/2023 The copy of Advocate notice, A4(a) 29/11/2023 The Original Postal receipt, A5 16/01/2024 The Certified copy of statement of accounts
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Teresa Jaya Fernandez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs.9,34,033/- (Rupees Nine lakhs Thirty Four thousand and Thirty Three only) to the plaintiff with interest at the rate of 10.30% per annum for the principal amount from 28.11.2023 till the date of realization.
Documents & Evidence
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original letter of arrangement dated 04.08.2020 establishing the cash credit facility.
Reference:
Ext.A1
Document Type:
Agreement of Loan-cum-Hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement executed by the defendant to secure the loan.
Reference:
Ext.A2
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival letter executed by the defendant acknowledging the debt.
Reference:
Ext.A3
Document Type:
Copy of Advocate Notice and Original Postal Receipt
Submitted By:
Plaintiff
Relevance:
Copy of advocate notice and proof of delivery to the defendant.
Reference:
Ext.A4 series
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts evidencing the outstanding amount owed by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Bindhu. V regarding realization of money
Case Code Year
Case between State Bank of India vs Bindhu. V regarding realization of money