Case Summary
The plaintiff, Bank Of India, filed a suit against the defendant, Saritha Subhash, for the realization of a loan amount along with interest. The defendant defaulted on the loan repayment despite multiple notifications.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹ 8,50,822/- (Rupees Eight Lakhs Fifty Thousand Eight Hundred and Twenty Two only) with 9% interest and costs of the suit.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realize the loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff bank established its entitlement to realize the amount claimed based on the loan documents.
The plaintiff bank established its entitlement to realize the amount claimed based on the loan documents.
Losing Side's Weaknesses:
The plaintiff bank established its entitlement to realize the amount claimed based on the loan documents.
The plaintiff bank established its entitlement to realize the amount claimed based on the loan documents.
Supporting Evidence
On going through the oral evidence and Exts. A1 to A13 documentary evidence this court is of the view that the plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize ₹ 8,50,822/- (Rupees Eight Lakhs Fifty Thousand Eight Hundred and Twenty Two only) with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization. 2. Plaintiff is also entitled to costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank Of India, Varkala Branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Saritha Subhash
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
A1-21-10-2011- Application for loan, A2-21-10-2011- Demand promissory note, A3-21-10-2011- Letter of undertaking, A4-21-10-2011- Loan agreement, A5-21-10-2011- Hypothecation cum loan agreement, A6-21-10-2011- Deed of guarantee, A7-13-09-2014- Acknowledgment of debt, A8-03-01-2017- Acknowledgment of debt, A9-20-12-2019- Acknowledgment of debt, A10-(Series) Returned advocate notice (2 in nos) with postal Acknowledgment card, A11-04-11-2022- Advocate Notice, A12-15-12-2022- Statement of account for the period from 21-10-2011 to 15-12-2022, A13-28-08-2024- Detailed interest report for accounts for the period from 01-10-2015 to 15-12-2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. R.S. Mini
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Roy.D
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹ 8,50,822/- with interest.
Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize ₹ 8,50,822/- (Rupees Eight Lakhs Fifty Thousand Eight Hundred and Twenty Two only) with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The defendant can be directed to pay costs of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant to request financial assistance.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant promising to repay the loan amount.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter outlines the defendant's undertaking regarding the loan.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the loan availed by the defendant.
Reference:
Ext.A4
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
Document securing the loan through hypothecation.
Reference:
Ext.A5
Document Type:
Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
Document executed to guarantee the loan repayment.
Reference:
Ext.A6
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt as of 13.09.2014.
Reference:
Ext.A7
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt as of 03.01.2017.
Reference:
Ext.A8
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt as of 20.12.2019.
Reference:
Ext.A9
Document Type:
Returned Advocate Notice
Submitted By:
Plaintiff
Relevance:
Two returned advocate notices along with postal acknowledgment cards.
Reference:
Ext.A10(series)
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding repayment.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement detailing the financial transactions related to the loan.
Reference:
Ext.A12
Document Type:
Detailed Interest Report
Submitted By:
Plaintiff
Relevance:
Report outlining the interest details over a specified period.
Reference:
Ext.A13
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Bank Of India et al vs Saritha Subhash regarding realization of money with interest.
Case Code Year
Case between Bank Of India et al vs Saritha Subhash regarding realization of money with interest.