Case Summary
The plaintiff is State Bank of India, represented by its Chief Manager, who is seeking to recover a loan amount from the defendant, M/s Choice Garments. The defendant failed to repay the loan despite repeated requests and legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs.9,62,139/- (Rupees Nine lakhs Sixty Two thousand One hundred and Thirty Nine only) to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, and the defendant shall pay an amount of Rs.9,62,139/- to the plaintiff with interest at the rate of 10.45% per annum.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs.9,62,139/- (Rupees Nine lakhs Sixty Two thousand One hundred and Thirty Nine only) to the plaintiff with interest at the rate of 10.45% per annum for the principal amount from 06.09.2022 till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- M/s Choice Garments
- Relation
- Proprietor
Plaintiffs Documents
Original Loan Application dated 20.05.2019, Letter of Arrangement dated 30.05.2019, Original Agreement of Loan-cum-hypothecation dated 30.05.2019, Original letter of Arrangement dated 24.06.2020, Supplemental Agreement of loan-cum-hypothecation dated 24.06.2020, Original Letter of Arrangement dated 23.06.2021, Supplemental Agreement of Loan-Cum-Hypothecation dated 23.06.2021, Copy of Advocate Notice dated 29.09.2022, Certified Copy of Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Teresa Jaya Fernandez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs.9,62,139/- (Rupees Nine lakhs Sixty Two thousand One hundred and Thirty Nine only) to the plaintiff with interest at the rate of 10.45% per annum for the principal amount from 06.09.2022 till date of realization.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document serves as the initial application for the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan arrangement on 30.05.2019.
Reference:
Ext.A2
Document Type:
Original Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
This document is the formal agreement regarding the loan and hypothecation executed by the defendant.
Reference:
Ext.A3
Document Type:
Original Letter of Arrangement
Submitted By:
Plaintiff
Relevance:
This document pertains to the loan arrangement related to the GECL loan taken on 24.06.2020.
Reference:
Ext.A4
Document Type:
Supplemental Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
This document supplements the initial loan arrangement for the GECL loan.
Reference:
Ext.A5
Document Type:
Original Letter of Arrangement
Submitted By:
Plaintiff
Relevance:
This document relates to the loan arrangement taken on 23.06.2021.
Reference:
Ext.A6
Document Type:
Supplemental Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
This document supplements the loan agreement executed on 23.06.2021.
Reference:
Ext.A7
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the defendant regarding the loan defaults.
Reference:
Ext.A8
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
This document details the financial transactions between the plaintiff and the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2022