Case Summary
Sree Kumari.L is the plaintiff against State Bank of India and others regarding the recovery of excess family pension payments made to her after her husband's death. The suit seeks to restrain the defendants from recovering any amount from her family pension account.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit has been dismissed as infructuous since the recovery of the excess pension amount has already been completed. The plaintiff's request for injunction to stop the recovery was deemed unnecessary.
Key Reasoning:
The defendants have successfully completed the recovery of the excess payments, making the suit unnecessary.
The defendants have successfully completed the recovery of the excess payments, making the suit unnecessary.
Why Defendant Won:
The defendants have successfully completed the recovery of the excess payments, making the suit unnecessary.
The defendants have successfully completed the recovery of the excess payments, making the suit unnecessary.
Supporting Evidence
the entire excess amount has been recovered from the plaintiff by way of monthly installments for the period from 01.06.2018 to 08.03.2023 and the same is credited to the pension sanctioning authority.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Kumari.L
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The Assistant General Manager, State Bank of India
- Party Role
- Defendant
- Party Name
- The Manager, State Bank of India
- Party Role
- Defendant
- Party Name
- The Principal Controller of Defence Accounts (Pensions)
- Party Role
- Defendant
- Party Name
- The Records Army Service Corps (Supply) (South)
Plaintiffs Documents
Legal notice dated 07.08.2018, Reply notice dated 21.08.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.K.Hari Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Hari.S.Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.A.G. Syamkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
The plaintiff sought a permanent injunction to restrain the defendants from recovering any amount from her family pension account.
Evidence:
The recovery has already been completed and the amount recovered has been credited to the pension sanctioning authority.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff issued a legal notice through her counsel calling upon the defendants to stop the recovery proceedings in the family pension.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These postal receipts are related to the legal notice issued by the plaintiff.
Reference:
Ext.A2 Series
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The second defendant issued a reply notice condemning the excess payments made to the plaintiff since 02.09.2013.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Sree Kumari.L vs State Bank of India et al regarding injunction and for other consequential reliefs.
Case Code Year
Case between Sree Kumari.L vs State Bank of India et al regarding injunction and for other consequential reliefs.