Case Summary
The plaintiff, State Bank of India, is seeking to recover a loan amount of Rs. 6,10,284 from the defendant, Shibu.S., who failed to repay the loan taken for his business. The case involves the enforcement of a loan agreement and the recovery of the dues as per the terms agreed upon.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.6,10,284 with interest at the rate of 12.40% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the amount claimed along with interest and costs. The defendant is found liable for the payment due to default in loan repayment.
Why Plaintiff Won:
The evidence provided by the plaintiff clearly established the defendant's indebtedness.
The evidence provided by the plaintiff clearly established the defendant's indebtedness.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
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.6,10,284/- (Rupees One Lakh Ten Thousand Two Hundred and Eighty Four only) with interest at the rate of 12.40% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu.T.K
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shibu.S.
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Letter of Arrangement, Agreement of Loan cum Hypothecation, Legal Notice, Postal Receipts, Statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Udayabhanu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Babitha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 6,10,284/- with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.6,10,284/- (Rupees One Lakh Ten Thousand Two Hundred and Eighty Four only) from the defendant and his assets with interest thereon at the rate of 12.40% per annum from the date of the suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs associated with the legal proceedings.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Proves the arrangement for loan and repayment schedule.
Reference:
Ext.A1
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan and the security involved.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal demand for repayment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Confirms the delivery of the legal notice.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding loan amount and payment history.
Reference:
Ext.A5
Document Type:
Returned registered cover AD cover
Submitted By:
Plaintiff
Relevance:
Provides evidence of the notice being delivered and received.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Shibu.S. regarding Realisation of Money
Case Code Year
Case between State Bank of India vs Shibu.S. regarding Realisation of Money