Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Ushakumary. S, for the realization of a loan amount of Rs. 9,21,048/- due to non-repayment. The loan was sanctioned for business purposes and the defendant failed to repay it after the account became non-performing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 9,21,048/- with interest at the rate of 12.4% per annum from the date of the suit till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff allowing the recovery of Rs. 9,21,048/- from the defendant with future interest. The plaintiff has established their case through sufficient evidence.
Why Plaintiff Won:
The plaintiff established the loan agreement and the defendant's failure to repay.
The plaintiff established the loan agreement and the defendant's failure to repay.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Here in this case, there is no challenge to the evidences of PW1. 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.9,21,048/- (Rupees Nine Lakhs Twenty One Thousand and Forty Eight only) with interest at the rate of 12.4% per annum from the date of the suit till realisation with costs, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Ushakumary. S
- Party Age
- 51
Plaintiffs Documents
Letter of Arrangement dated 17-06-2023, Agreement of Loan Cum Hypothecation dated 17-06-2023, True copy of Demand Notice dated 25-03-2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K.Jayakumari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manoj Sreedhar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was awarded the amount of Rs. 9,21,048/- with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.9,21,048/- (Rupees Nine Lakhs Twenty One Thousand and Forty Eight only) from the defendants and their assets with interest thereon at the rate of 12.4% per annum from the date of the suit till realization with costs of the suit.
Documents & Evidence
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
This document evidences the arrangement made between the plaintiff and the defendant regarding the loan.
Reference:
Ext.A1
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
This is the agreement under which the loan was availed by the defendant from the plaintiff.
Reference:
Ext.A2
Document Type:
True copy of Demand Notice
Submitted By:
Plaintiff
Relevance:
This notice demonstrates the demand made by the plaintiff for repayment of the loan amount.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as evidence of the sending of the demand notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards confirm the receipt of the demand notice by the defendant.
Reference:
Ext.A5
Document Type:
Closure Statement of accounts
Submitted By:
Plaintiff
Relevance:
This statement provides the final details of the account regarding the loan.
Reference:
Ext.A6
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document outlines the current outstanding amount on the loan.
Reference:
Ext.A7
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 Ushakumary. S regarding Realisation of Money
Case Code Year
Case between State Bank of India vs Ushakumary. S regarding Realisation of Money