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O.S No. 990/2023

Case between State Bank of India vs Mrs. Aswathy S regarding realisation of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-09
Duration
approximately-1 year 11 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, State Bank of India, is seeking repayment from the defendant, Mrs. Aswathy S, for a loan amount that remains unpaid. The court has found that the defendant owes a total of ₹1,36,000 to the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendant to pay the owed amount along with interest. The plaintiff is also entitled to recover costs from the defendant.
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,36,000 with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the owed amount along with interest. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The evidence presented was uncontested and the plaintiff's claims were substantiated.
Losing Side's Weaknesses:
The evidence presented was uncontested and the plaintiff's claims were substantiated.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 1,36,000/- (Rupees one lakhs thirty six thousand only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realization from the defendant or from assets of defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
represented by
Party Role
Defendant
Party Name
Mrs. Aswathy S
Relation
D/o
Plaintiffs Documents
X press Credit Loan Application, Arrangement Letter, Personal Loan Agreement, Computer print out of Statement of Account for the period from 21.02.2017 to 06.10.2023, Statement of unapplied interest, Office copy of lawyer notice, Certificate under bankers book evidence Act
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Manzoor Ali K.A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M Asif
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,36,000 from the defendant with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 1,36,000/- (Rupees one lakhs thirty six thousand only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document submitted to support the loan application made by the defendant.
Reference:
Ext.A1
Document Type: Arrangement Letter
Submitted By: Plaintiff
Relevance:
Document outlining the arrangements made for the loan.
Reference:
Ext.A2
Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
The agreement signed by the defendant to formalize the loan.
Reference:
Ext.A3
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Statement showing the account details related to the loan.
Reference:
Ext.A4
Document Type: Statement of Unapplied Interest
Submitted By: Plaintiff
Relevance:
Document showing interest not yet applied to the account.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding payment.
Reference:
Ext.A6
Document Type: Certificate under Bankers Book Evidence Act
Submitted By: Plaintiff
Relevance:
Certification to validate the banking records presented.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Mrs. Aswathy S regarding realisation of money
Case Code Year
Case between State Bank of India vs Mrs. Aswathy S regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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