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Commercial Suit No.162/2021

Case between STATE BANK OF INDIA vs JULIE BIJU regarding recovery of loan amount

Court
Commercial Court III Addl. Sub Judge
Judge
Sri. Sidhik. K
Order Date
2025-01-20
Duration
approximately-3 years 11 months 7 days
Case Closed
Mon, 01/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, State Bank of India, claims recovery of a loan amounting to Rs.17,03,978.52 from the defendant, Julie Biju, who allegedly defaulted on loan repayments. The defendant contests the claim, stating she has not availed any loans from the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay a total amount of Rs.17,03,978.52 along with interest and costs. The court established that the defendant had taken loans and had defaulted on repayments.
Judgment Favored
Plaintiff
Relief Granted
Defendant is liable to pay an amount of Rs.17,03,978.52 with interest at the rate of 11.70% per annum from the date of suit till realization.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay a total amount of Rs.17,03,978.52 along with interest and costs. The court established that the defendant had taken loans and had defaulted on repayments.
Why Plaintiff Won:
Plaintiff proved the existence of loans and the defendant's default in repayment.
Losing Side's Weaknesses:
Plaintiff proved the existence of loans and the defendant's default in repayment.
Supporting Evidence
The court concluded that Exts. A1 to A14 document specifically proves that defendant had availed altogether an amount of Rs.11,00,000/- in two occasions and that she had made default in repayment of the said loan.

Judgment Evidence:

The suit is decreed as follows: 1. Defendant is liable to pay an amount of Rs.17,03,978.52 (Rupees seventeen lakh three thousand nine hundred seventy eight and fifty two paise only) with interest at the rate of 11.70% per annum from the date of suit till realization of decree amount with costs of the suit to the plaintiff bank.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
STATE BANK OF INDIA
Relation
Represented by
Party Role
Defendant
Party Name
JULIE BIJU
Party Age
39
Relation
W/o
Plaintiffs Documents
Loan application dated 13.02.2012, Hypothecation Agreement for KCC loan dated 13.02.2012, Revival letter dated 18.01.2017.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. T .S. Zhakaria
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Roshan Zakaria
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt. Santhi. K.P.
Appearance Type
Government Pleader
Law Firm
Legal Aid Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover an amount of Rs.17,03,978.52/- from the defendant.
Evidence:
Thus the court is of the opinion that the plaintiff is entitled to realise Rs.17,03,978.52/- from the defendant.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff is entitled to interest at the rate of 11.70% per annum from the date of the suit.
Evidence:
with interest at the rate of 11.70% per annum from the date of suit till realisation of decree amount.
Relief Type: Costs
Outcome: Granted
Description:
Costs of the suit are awarded to the plaintiff.
Evidence:
with costs of the suit to the plaintiff bank.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The document proves that the defendant applied for a loan of Rs.1,00,000/- on 13.02.2012.
Reference:
Ext.A1
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
The document contains the terms and conditions of the KCC loan and confirms the defendant's agreement.
Reference:
Ext.A2
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
This document indicates that the defendant deposited title deeds as security for the KCC loan.
Reference:
Ext.A3
Document Type: Letter of Acknowledgment
Submitted By: Plaintiff
Relevance:
The document serves as the defendant's acknowledgment of the KCC loan.
Reference:
Ext.A4
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
This document indicates that the defendant applied for a loan of Rs.10,00,000/- on 20.10.2015.
Reference:
Ext.A5
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
The document outlines the terms and conditions of the KGC loan.
Reference:
Ext.A6
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
This document indicates that the defendant executed a hypothecation agreement for the KGC loan.
Reference:
Ext.A7
Document Type: Revival Letter
Submitted By: Plaintiff
Relevance:
The document is a revival letter for KCC loan and KGC loan provided by the defendant.
Reference:
Ext.A8
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The document is a lawyer's notice demanding repayment of the loan amount.
Reference:
Ext.A9
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
This document is a true extract of the statement of account for the KCC loan.
Reference:
Ext.A10
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
This document is a true extract of the statement of account for the KGC loan.
Reference:
Ext.A11
Document Type: Memorandum of Deposit
Submitted By: Plaintiff
Relevance:
This document confirms the deposit of title deeds by the defendant to the bank.
Reference:
Ext.A12
Document Type: Memorandum of Extension
Submitted By: Plaintiff
Relevance:
This document indicates the extension of the equitable mortgage.
Reference:
Ext.A13
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document is the sale deed that demonstrates ownership of the property.
Reference:
Ext.A14

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between STATE BANK OF INDIA vs JULIE BIJU regarding recovery of loan amount
Case Code Year
Case between STATE BANK OF INDIA vs JULIE BIJU regarding recovery of loan amount

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Sat, 02/13/2021 - 12:00
Case Closed
Mon, 01/20/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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