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O.S. No.418/2019

Case between State Bank of India vs Pace Communications regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-14
Duration
approximately-8 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, State Bank of India, filed a suit against the defendant, Pace Communications, for recovery of a loan amount. The defendant defaulted on the loan repayments, leading to this legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The plaintiff is entitled to recover costs from the defendant.
Judgment Favored
Plaintiff
Relief Granted
Rs. 3,25,347.80 to be realized from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The plaintiff is entitled to recover costs from the defendant.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established his case as pleaded.

Judgment Evidence:

In the result, suit is decreed as follows. 1. Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants and from their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
Represented by
Party Role
Defendant
Party Name
Pace Communications
Party Age
35
Relation
Proprietor, Sri. Midhun Lal Mithra
Plaintiffs Documents
Loan application filed by defendant, Letter of arrangement issued by plaintiff, Agreement of loan-Cum-hypothecation, Notice issued by plaintiff bank, Copy of lawyer notice, Certified copy of the terms of loan account No. 35937459711.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
George Varghese Narayenparambil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Cicily George
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
George Sebastian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dhanesh Mathew Manzoor
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Arun Lukose Abraham
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 11.60% per annum from the date of suit.
Evidence:
Plaintiffs are entitled to realize interest @ 11.60% per annum for Rs. 3,25,347.80 from the date of suit till date decree from the defendants.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 3,25,347.80 from date of decree till date of realization from the defendants.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Original loan application filed by the defendant.
Reference:
Ext.A1
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
Original letter of arrangement issued by the plaintiff.
Reference:
Ext.A2
Document Type: Loan cum hypothecation agreement
Submitted By: Plaintiff
Relevance:
Original agreement of loan-cum-hypothecation.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Copy of the notice issued by the plaintiff bank.
Reference:
Ext.A4
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice dated 15.01.2019.
Reference:
Ext.A5
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Certified copy of the terms of loan account.
Reference:
Ext.A6
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimony of PW1 established the plaintiff's case.
Reference:

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 Pace Communications regarding realization of money.
Case Code Year
Case between State Bank of India vs Pace Communications regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 05/06/2016 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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