Case Summary
The plaintiff, State Bank of India, initiated a suit against the defendant, Mrs. Thankamma K.V, for the recovery of a loan amount due. The defendant had failed to repay the loan despite multiple reminders from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realize the plaint claim of ₹ 80,170/- and 9% interest from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the claimed amount along with interest. The court found the bank entitled to recover the outstanding dues.
Why Plaintiff Won:
The court accepted the unrebutted evidence provided by the plaintiff's bank.
The court accepted the unrebutted evidence provided by the plaintiff's bank.
Losing Side's Weaknesses:
The court accepted the unrebutted evidence provided by the plaintiff's bank.
The court accepted the unrebutted evidence provided by the plaintiff's bank.
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/-(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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Mrs.Thankamma K.V
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Office copy of lawyers notice dated 21.02.2023, Original Postal receipt dated 21.02.2023, Original Acknowledgement Card dated 22.02.2023, Certified copy of statement of account in Account No.38927908860 for the period from 16.11.2019 to 23.03.2023, Certified true copy of the terms and conditions of the loan, Revival letter dated 11.07.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request to recover ₹80,170 from the defendant 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:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Used to establish the claim of the plaintiff regarding notice sent to the defendant for loan repayment.
Reference:
Ext.A1
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of dispatch for the notice sent to the defendant.
Reference:
Ext.A2
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the notice by the defendant.
Reference:
Ext.A3
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
Provides evidence of the amounts due from the defendant and the loan history.
Reference:
Ext.A4
Document Type:
Certified true copy of the terms and conditions of the loan
Submitted By:
Plaintiff
Relevance:
Outlines the agreement and obligations of the defendant regarding the loan.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Acts as an acknowledgment of liability by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
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.