Case Summary
The plaintiff, State Bank of India, files a suit against the defendants for the realization of money owed from a loan. The defendants defaulted on the repayment of the loan amount taken for purchasing a new car.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.5,22,573/- with interests at the rate of 13% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The plaintiff is entitled to recover Rs.5,22,573/- along with interest from the defendants.
Why Plaintiff Won:
The evidence provided by the plaintiff established the defendants' liability and entitlement to the claim.
The evidence provided by the plaintiff established the defendants' liability and entitlement to the claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff proved his case through the deposition of PW1 and Exts.A1 to A9 documents. The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are 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.5,22,573/- with interests at the rate of 13% per annum from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, RASMEC
- Relation
- represented herein by B.T.Reghunatha Pillai
- Party Role
- Defendant
- Party Name
- Rajasree Chandrasekhar
- Party Age
- 47
- Relation
- W/o V.Chandrasekhar
- Party Role
- Defendant
- Party Name
- Omana P.K
- Party Age
- 73
- Relation
- W/o Damodaran
Plaintiffs Documents
Loan Application dated 16-10-2015, Agreement for Term Loan dated 28-10-2015, Letter of Arrangement dated 28-10-2015, Guarantee Arrangement dated 28-10-2015, Office copy of Demand Notice dated 12-08-2019, Postal Receipts dated 14-08-2019, Returned Registered Notice dated 14-08-2019, Acknowledgment Card dated 21-08-2019, Certified copy of Statement of Accounts dated 12-08-2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K.Jayakumari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.5,22,573/- (Rupees Five Lakh Twenty Two Thousand Five Hundred and Seventy Three only) with interests at the rate of 13% per annum from the date of the suit till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to costs associated with the suit.
Evidence:
Plaintiff was constrained to sue for the amount that is legally due to him. 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:
Proves the initial loan application by the defendants.
Reference:
Ext.A1
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the loan agreement signed by the defendants.
Reference:
Ext.A2
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Details the arrangement for the loan disbursement.
Reference:
Ext.A3
Document Type:
Guarantee Arrangement
Submitted By:
Plaintiff
Relevance:
Outlines the guarantees provided by the defendants for the loan.
Reference:
Ext.A4
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
Indicates the formal demand made to the defendants for repayment.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the demand notice to the defendants.
Reference:
Ext.A6
Document Type:
Returned Registered Notice
Submitted By:
Plaintiff
Relevance:
Shows that the registered notice sent to the defendants was returned.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment of receipt of communication by the defendants.
Reference:
Ext.A8
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Provides the account details and outstanding amounts owed by the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Rajasree Chandrasekhar et al regarding Realization of Money
Case Code Year
Case between State Bank of India vs Rajasree Chandrasekhar et al regarding Realization of Money