Case Summary
The plaintiff, State Bank of India, is seeking to recover dues from the defendant, Mrs. Thankamma K.V, for a loan obtained by her. The defendant defaulted on her loan repayments despite multiple reminders, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹80,170 and also to realize 9% interest from the defendant until realization.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest from the defendant. The total amount due was determined to be ₹80,170 along with applicable interest.
Why Plaintiff Won:
The plaintiff's evidence was deemed sufficient to establish the defendant's default on the loan repayment.
The plaintiff's evidence was deemed sufficient to establish the defendant's default on the loan repayment.
Losing Side's Weaknesses:
The plaintiff's evidence was deemed sufficient to establish the defendant's default on the loan repayment.
The plaintiff's evidence was deemed sufficient to establish the defendant's default on the loan repayment.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff Bank, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹80,170 and also to realize 9% interest from the defendant and her assets from the date of the suit ie, 09.08.2023 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mrs.Thankamma K.V
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Office copy of lawyers notice, Original Postal receipt, Original Acknowledgement Card, Certified copy of statement of account, Certified true copy of the terms and conditions of the loan, Revival letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's firm is allowed to realize the plaint claim of ₹ 80,170/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 80,170/-(Rupees Eighty Thousand One Hundred and Seventy only) and also to realize 9% interest from the defendant and her assets from the date of the suit ie, 09.08.2023 till realization.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The court referred to this document as the office copy of the lawyer’s notice dated 21.02.2023 sent to the defendant.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This original postal receipt dated 21.02.2023 was used to prove service of the notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card dated 22.02.2023 was used to verify receipt of the notice by the defendant.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This certified copy of the statement of account for the period from 16.11.2019 to 23.03.2023 was used to establish the amount due.
Reference:
Ext.A4
Document Type:
Terms and Conditions of Loan
Submitted By:
Plaintiff
Relevance:
This document provided the terms under which the loan was granted to the defendant.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
The revival letter dated 11.07.2022 was referred to as part of the defendant's acknowledgment of liabilities.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of Loan
Case Code
Case between State Bank of India vs Mrs.Thankamma K.V regarding realisation of money.
Case Code Year
Case between State Bank of India vs Mrs.Thankamma K.V regarding realisation of money.