Case Summary
The plaintiff, State Bank of Hyderabad, has filed a suit against the defendant, M/s. Sathya Tours & Travels, for the recovery of an outstanding loan amount. The defendant defaulted on the loan repayment for a vehicle financed by the plaintiff bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.1,36,321/- along with 6% interest from the date of decree till realization and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an amount of Rs.1,36,321/- along with interest and costs. The plaintiff successfully established their case through evidence.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and supporting documents.
The plaintiff established their case through uncontroverted testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted testimony and supporting documents.
The plaintiff established their case through uncontroverted testimony and supporting documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A6 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.1,36,321/- (Rupees One Lakh Thirty Six Thousand Three Hundred and Twenty One Only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of Hyderabad
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Sathya Tours & Travels
- Party Age
- 59
- Relation
- Represented by
Plaintiffs Documents
Original Loan Application, Original Arrangement Letter, Original Loan cum Hypothication Agreement, Original Revival Letter, Original Borrowers Consent for Discloser, Computerized Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Rajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.1,36,321/- (Rupees One Lakh Thirty Six Thousand Three Hundred and Twenty One Only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original Loan Application submitted by the defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Original Arrangement Letter outlining the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Original Loan cum Hypothecation Agreement executed by the defendant for the loan.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Original Revival Letter acknowledging the loan received by the defendant.
Reference:
Ext.A4
Document Type:
Borrowers Consent for Disclosure
Submitted By:
Plaintiff
Relevance:
Original Borrowers Consent for Disclosure regarding the loan details.
Reference:
Ext.A5
Document Type:
Computerized Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Computerized Statement of accounts indicating the outstanding balance.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of Hyderabad vs M/s. Sathya Tours & Travels regarding realization of money.
Case Code Year
Case between State Bank of Hyderabad vs M/s. Sathya Tours & Travels regarding realization of money.