Case Summary
The plaintiff, State Bank of India, filed a suit to recover the amount due from the defendants, Leo Andrew and Little Flower, who defaulted on a vehicle loan. Despite multiple demands for repayment, the defendants failed to settle the outstanding debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 1,40,871.90/- with interest at the rate of 8.25% per annum from the date of the suit till the date of decree, and at the rate of 6% per annum from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the recovery of the outstanding amount due from the defendants. The court ruled that the plaintiff is entitled to recover the debt along with applicable interest.
Why Plaintiff Won:
The evidence presented by the plaintiff through witnesses and documents clearly established the defendants' indebtedness.
The evidence presented by the plaintiff through witnesses and documents clearly established the defendants' indebtedness.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 1,40,871.90/- with interest at the rate of 8.25% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Leo Andrew
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Little Flower
- Party Age
- 42
Plaintiffs Documents
Application for Car Loan, Loan Sanction Arrangement Letter, Agreement for medium term Loan, Guarantee Agreement for vehicle Loan, Office copy of Demand Notice, News paper publication, Office copy of Notice, Office copy of Sale Certificate, Office copy of Lawyer’s Certificate, Postal receipts, Postal Acknowledgment Card, Certified copy of statement of Vehicle Loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Rajendran Uliyakovil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 1,40,871.90 from the defendants.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs. 1,40,871.90/- with interest at the rate of 8.25% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs as follows.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document showing the application for the vehicle loan taken by the defendants.
Reference:
Ext.A1
Document Type:
Loan Sanction Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document detailing the terms of the loan sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Agreement for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement for vehicle loan executed by the defendants.
Reference:
Ext.A3
Document Type:
Guarantee Agreement for vehicle Loan
Submitted By:
Plaintiff
Relevance:
Document showing the guarantee agreement executed by the defendants.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Document concerning the office copy of demand notice issued under Sec. 13(2) of the Securitisation Act.
Reference:
Ext.A5
Document Type:
Newspaper Publication
Submitted By:
Plaintiff
Relevance:
Document providing evidence of newspaper publication regarding the public auction of motor car.
Reference:
Ext.A6
Document Type:
Office Copy of Notice
Submitted By:
Plaintiff
Relevance:
Document showing the office copy of notice under the Securitisation Act.
Reference:
Ext.A7
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
Document evidencing the sale of the motor car under the Securitisation Act.
Reference:
Ext.A8
Document Type:
Lawyer’s Certificate
Submitted By:
Plaintiff
Relevance:
Document showing the office copy of communication sent by the plaintiff's advocate.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Document providing evidence of the issuance of lawyers notice.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Document evidencing the receipt of notice by the defendants.
Reference:
Ext.A11
Document Type:
Certified Copy of Vehicle Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Document showing the certified copy of statement of vehicle loan account as of the specified date.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Leo Andrew et al regarding Realisation of Money
Case Code Year
Case between State Bank of India vs Leo Andrew et al regarding Realisation of Money