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O.S No. 1104/2023

Case between State Bank of India vs Smt. Binu Pradeep regarding recovery of money

Court
I Additional Munsiff Court, Ernakulam
Judge
Sri. Padmakumar.G.
Order Date
2024-01-29
Duration
approximately-6 years 5 months 0 days
Case Closed
Mon, 01/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The State Bank of India is suing Smt. Binu Pradeep for failing to repay a loan amounting to Rs. 5,33,424/-, which was declared non-performing. The bank claims the defendant did not comply with the repayment terms of the loan agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the principal amount along with interest. If the defendant fails to comply, the plaintiff is entitled to recover the amount from the defendant's assets.
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.5,33,424/- with 10% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the principal amount along with interest. If the defendant fails to comply, the plaintiff is entitled to recover the amount from the defendant's assets.
Why Plaintiff Won:
The court found that the evidence presented by the plaintiff satisfactorily proved the claim.
Losing Side's Weaknesses:
The court found that the evidence presented by the plaintiff satisfactorily proved the claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the suit is decreed directing the defendant to pay an amount of Rs.5,33,424/- with 10% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
Represented by
Party Role
Defendant
Party Name
Smt. Binu Pradeep
Party Age
49
Relation
W/o
Plaintiffs Documents
Original Application form of defendant, Original Agreement Letter, Original Sanction letter, Original personal loan Agreement, Original disclosure of information, Original of the Kerala Flood relief Loan Application form, Original arrangement letter issued by SBI Metrostation Branch, The original of the D.P note delivery letter, The original irrevocable letter of authority issued by SBI, Metrostation Branch, The Original of obtention of NOC issued by Silpa projects and infrastructure (I) Pvt Ltd, Original certificate issued by Silpa Projects and infrastructure (I) Pvt. Ltd., Original of standing instruction issued by the defendant to the Manager SBI, Metrostation Branch, True copy of the lawyer notice, The original account statement of the defendant, Original authorization letter.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.Sivakumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dolly Francis
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover an amount from the defendant.
Evidence:
So, a decree can rightly be passed as prayed for.

Documents & Evidence

Document Type: Original Application form
Submitted By: Plaintiff
Relevance:
The document is part of the evidence showing the loan application made by the defendant.
Reference:
Ext.A1
Document Type: Original Agreement Letter
Submitted By: Plaintiff
Relevance:
This document is crucial as it outlines the terms and conditions agreed upon for the loan.
Reference:
Ext.A2
Document Type: Original Sanction letter
Submitted By: Plaintiff
Relevance:
It serves as evidence that the loan was sanctioned in the specified amount.
Reference:
Ext.A3
Document Type: Original personal loan agreement
Submitted By: Plaintiff
Relevance:
This document evidences the personal loan agreement that the defendant executed.
Reference:
Ext.A4
Document Type: Original disclosure of information
Submitted By: Plaintiff
Relevance:
It provides necessary disclosures made by the defendant related to the loan.
Reference:
Ext.A5
Document Type: Original Kerala Flood relief Loan Application form
Submitted By: Plaintiff
Relevance:
This document is part of the related loan applications made by the defendant.
Reference:
Ext.A6
Document Type: Original arrangement letter
Submitted By: Plaintiff
Relevance:
It demonstrates arrangements made concerning the loan issuance.
Reference:
Ext.A7
Document Type: Original D.P note delivery letter
Submitted By: Plaintiff
Relevance:
This letter is part of administrative records related to the loan.
Reference:
Ext.A8
Document Type: Original irrevocable letter of authority
Submitted By: Plaintiff
Relevance:
It serves as authorization related to loan transactions by the defendant.
Reference:
Ext.A9
Document Type: Original NOC
Submitted By: Plaintiff
Relevance:
This document is proof of the No Objection Certificate issued concerning the loan.
Reference:
Ext.A10
Document Type: Original certificate issued by Silpa Projects
Submitted By: Plaintiff
Relevance:
Certification related to the defendant’s project, which is part of the loan documentation.
Reference:
Ext.A11
Document Type: Original standing instruction
Submitted By: Plaintiff
Relevance:
This is an instruction from the defendant for the bank to manage payment.
Reference:
Ext.A12
Document Type: True copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
It serves as evidence of legal communication between the parties.
Reference:
Ext.A13
Document Type: Original account statement
Submitted By: Plaintiff
Relevance:
This statement details the financial transactions in relation to the loan.
Reference:
Ext.A14
Document Type: Original authorization letter
Submitted By: Plaintiff
Relevance:
This letter authorizes specific transactions or communications related to the loan.
Reference:
Ext.A15

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 Smt. Binu Pradeep regarding recovery of money
Case Code Year
Case between State Bank of India vs Smt. Binu Pradeep regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 08/23/2017 - 12:00
Case Closed
Mon, 01/29/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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