Case Summary
This case involves a public sector bank, State Bank of India, claiming recovery of a loan amount against Shamnas Hussain, the proprietor of M/s. Cellcom. The plaintiff alleges that the defendant defaulted on repayment despite receiving a loan of Rs. 8,50,000/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs. 9,80,513/- with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of Rs. 9,80,513/- along with interest and costs.
Why Plaintiff Won:
The plaintiff succeeded in proving the case with sufficient evidence and there was no rebuttal from the defendant.
The plaintiff succeeded in proving the case with sufficient evidence and there was no rebuttal from the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 9,80,513/- (Rupees Nine Lakhs Eighty Thousand Five Hundred and Thirteen only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Small and Medium Enterprises, City Credit Centre (SMEC) Kollam
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Bindhu T.K
- Relation
- Manager (SARC)
- Party Role
- Defendant
- Party Name
- Shamnas Hussain
- Party Age
- 38
- Relation
- S/o.Hussain
Plaintiffs Documents
Letter of arrangement, Statement of account, Office copy of lawyer's notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Chithra D. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Amritha S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount with interest from the defendant.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Letter Deed
Submitted By:
Plaintiff
Relevance:
The document serves as the Letter of arrangement for the term loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance due in the loan account of the defendant.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the legal notice issued to the defendant regarding the repayment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the notice sent to the defendant.
Reference:
Ext.A4
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, Small and Medium Enterprises, City Credit Centre (SMEC) Kollam, rep.by its Manager (SARC), Bindhu T.K et al vs Shamnas Hussain regarding realization of money.
Case Code Year
Case between State Bank of India, Small and Medium Enterprises, City Credit Centre (SMEC) Kollam, rep.by its Manager (SARC), Bindhu T.K et al vs Shamnas Hussain regarding realization of money.