Case Summary
Syndicate Bank filed a suit against Jyothish kumar.B.R for recovery of a loan amount of Rs.8,95,713/- which was not repaid. The defendant acknowledged the loan but failed to repay despite numerous demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realise an amount of Rs.8,95,713/- with interest at the rate of 12.15% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing recovery of the loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of reliefs sought for based on unchallenged evidence.
The plaintiff established its case warranting the grant of reliefs sought for based on unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the original defendant has availed loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.8,95,713/- with interest at the rate of 12.15% per annum from the date of suit till the date of decree from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syndicate Bank
- Relation
- represented by its chief Manager
- Party Role
- Defendant
- Party Name
- Jyothish kumar.B.R
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhagavathiammal
- Relation
- W/o
Plaintiffs Documents
Loan Application Form, Loan Sanction letter, Composite Hypothecation Agreement, Receipt, Copy of lawyers Notice, Computer print of statement of Accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Maya R Mani
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreelal.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount due from the defendant.
Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.8,95,713/- (Rupees Eight lakhs ninety five thousand seven hundred and thirteen only) with interest at the rate of 12.15% per annum from the date of suit till the date of decree from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence showing the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document was used to establish the terms of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document provided details regarding the hypothecation agreement linked to the loan.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of transaction related to the loan.
Reference:
Ext.A4
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This document represented a demand notice sent to the defendant regarding the loan repayment.
Reference:
Ext.A5
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document detailed the outstanding balance and transaction history of the loan account.
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 Syndicate Bank vs Jyothish kumar.B.R et al regarding recovery of money
Case Code Year
Case between Syndicate Bank vs Jyothish kumar.B.R et al regarding recovery of money