Case Summary
The plaintiff, State Bank of India, is seeking to recover a total of ₹6,62,896 from the defendants, M/s. Headz Systems and Sheeja Suresh, due to non-payment of loans covered under the Pradhan Mantri Mudra Yojana Scheme. The defendants did not appear in court despite having been summoned.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹6,62,896 with 6% interest from the date of the suit till date of realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, State Bank of India, allowing the recovery of ₹6,62,896 with interest from the defendants due to their failure to repay loans.
Why Plaintiff Won:
The evidence presented by the plaintiff showed that the defendants are liable to pay the amount due.
The evidence presented by the plaintiff showed that the defendants are liable to pay the amount due.
Losing Side's Weaknesses:
The evidence presented by the plaintiff showed that the defendants are liable to pay the amount due.
The evidence presented by the plaintiff showed that the defendants are liable to pay the amount due.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹6,62,896/- (Rupees Six Lakhs Sixty-Two Thousand Eight Hundred and Ninety-six only) is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹6,62,896/- (Rupees Six Lakhs Sixty-Two Thousand Eight Hundred and Ninety-six only) with 6% interest from the date of the suit till date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- M/s. Headz Systems
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sheeja Suresh
- Party Age
- 48
Plaintiffs Documents
A1 12.09.2018 Original loan application, A2 05.11.2018 Original letter of arrangement, A3 05.11.2018 Original agreement of loan cum hypothecation, A4 23.06.2021 Original letter of arrangement, A5 23.06.2021 Supplemental agreement of loan -cum hypothecation, A6 series 19.08.2024 Advocate notice & Postal receipts (2 Nos), A7 07.11.2018 to 28.05.2024 Bank statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Teresa Jaya Fernandez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Anisha Nair G.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹6,62,896/- with 6% interest from the date of the suit till date of realization.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹6,62,896/- (Rupees Six Lakhs Sixty-Two Thousand Eight Hundred and Ninety-six only) with 6% interest from the date of the suit till date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants.
Evidence:
In the result; the suit is decreed as follows: b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application form under the Pradhan Mantri Mudra Yojana signed by the 2nd defendant.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original Letter of Arrangement dated 05/11/2018.
Reference:
Ext.A2
Document Type:
Agreement of Loan-cum-Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Agreement of Loan-cum-Hypothecation dated 05/11/2018.
Reference:
Ext.A3
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original Letter of Arrangement dated 23/06/2021.
Reference:
Ext.A4
Document Type:
Supplemental Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
Supplemental Agreement of Loan-cum-Hypothecation dated 23/06/2021.
Reference:
Ext.A5
Document Type:
Advocate Notice and Postal Receipts
Submitted By:
Plaintiff
Relevance:
Advocate notice and postal receipts (2 in number).
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement for the period from 07/11/2018 to 28/05/2024 certified under the Bankers Books Evidence Act.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence provided by the chief manager and authorised Officer of the plaintiff bank.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024