Case Summary
The case involves the State Bank of India as the plaintiff and Praseetha P.S as the defendant. The plaintiff bank seeks to recover an outstanding loan amount that the defendant has failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,20,090/- with 6% interest from the date of the suit till date of realization from the defendant and her assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the bank to realize the outstanding loan amount from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff established the defendant's liability to repay the outstanding amount.
The evidence presented by the plaintiff established the defendant's liability to repay the outstanding amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the defendant's liability to repay the outstanding amount.
The evidence presented by the plaintiff established the defendant's liability to repay the outstanding amount.
Supporting Evidence
The documents produced by the plaintiff show that the defendant is liable to pay this amount. After considering the evidence before this Court, it is found that the plaintiff is entitled to a decree in its favour.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹2,20,090/- (Rupees Two Lakhs Twenty Thousand and Ninety only) with 6% interest from the date of the suit till date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Praseetha P.S
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Original Loan application dated 30/10/2019, Original personal loan agreement dated 07/12/2019, Irrevocable standing instruction dated 07/12/2019, True copy of bank statement from 07/01/2019 to 30/09/2022, Advocate’s notice dated 21/12/2022, Returned letter and postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Swathy L.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹2,20,090/- with interest from the defendant.
Evidence:
the plaintiff is entitled to realize an amount of ₹2,20,090/- (Rupees Two Lakhs Twenty Thousand and Ninety only) with 6% interest from the date of the suit till date of realization from the defendant and her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application signed by the defendant.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original personal loan agreement signed by the defendant.
Reference:
Ext.A2
Document Type:
Irrevocable Standing Instruction
Submitted By:
Plaintiff
Relevance:
Irrevocable standing instruction given by the borrower to the bank.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True copy of the bank statement certified under the Bankers Books Evidence Act.
Reference:
Ext.A4
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
Advocate’s notice issued to the defendant regarding repayment.
Reference:
Ext.A5
Document Type:
Returned letter
Submitted By:
Plaintiff
Relevance:
Returned letter acknowledging receipt of legal notice.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt confirming delivery of the advocate's notice.
Reference:
Ext.A6(a)
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
2023