Case Summary
The plaintiff, Federal Bank Limited, has filed a suit against the defendant, Sheela Thomas, for the recovery of a loan amount that was not repaid. The defendant took a loan of ₹3,51,000 but failed to make the repayments despite multiple reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹3,54,263.41 with interest at the rate of 6% per annum from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Federal Bank Limited, allowing them to recover the outstanding loan amount along with interest. The defendant was found liable for the amount due.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the default in payment by the defendant.
The plaintiff provided sufficient evidence of the loan agreement and the default in payment by the defendant.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the default in payment by the defendant.
The plaintiff provided sufficient evidence of the loan agreement and the default in payment by the defendant.
Supporting Evidence
The oral and documentary evidence presented by PW1 establishes that a sum of 3,54,263.41/- is due and payable by the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of 3,54,263.41/- with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Federal Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sheela Thomas
- Party Age
- 54
- Relation
- D/o
Plaintiffs Documents
Nil BYOM online loan statement, Copy of Legal Notice, Postal receipt, Unserved Notice, Statement of account
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.R. Presith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. S. Rekha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount along with interest.
Evidence:
The plaintiff is entitled to realize an amount of 3,54,263.41/-(Rupees Three Lakhs Fifty-Four Thousand Two Hundred Sixty-Three and Paise Forty-One only) with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
BYOM online loan statement
Submitted By:
Plaintiff
Relevance:
This document shows the terms and conditions of the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice was issued to the defendant regarding the repayment of the loan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the dispatch of the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
This indicates that the legal notice could not be served to the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document outlines the outstanding amount due from the defendant.
Reference:
Ext.A5
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
OS.NO.
Case Code Year
2022