Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Pace Communications, for recovery of a loan amount. The defendant defaulted on the loan repayments, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 3,25,347.80 to be realized from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The plaintiff is entitled to recover costs from the defendant.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
The unrebutted oral testimony of the plaintiff's witness and documentary evidence supported the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established his case as pleaded.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pace Communications
- Party Age
- 35
- Relation
- Proprietor, Sri. Midhun Lal Mithra
Plaintiffs Documents
Loan application filed by defendant, Letter of arrangement issued by plaintiff, Agreement of loan-Cum-hypothecation, Notice issued by plaintiff bank, Copy of lawyer notice, Certified copy of the terms of loan account No. 35937459711.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Varghese Narayenparambil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cicily George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- George Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dhanesh Mathew Manzoor
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Arun Lukose Abraham
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 3,25,347.80 from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 11.60% per annum from the date of suit.
Evidence:
Plaintiffs are entitled to realize interest @ 11.60% per annum for Rs. 3,25,347.80 from the date of suit till date decree from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 3,25,347.80 from date of decree till date of realization from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application filed by the defendant.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original letter of arrangement issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Original agreement of loan-cum-hypothecation.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued by the plaintiff bank.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 15.01.2019.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of the terms of loan account.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the plaintiff's case.
Reference:
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 Pace Communications regarding realization of money.
Case Code Year
Case between State Bank of India vs Pace Communications regarding realization of money.