Case Summary
The case involves the State Bank of India claiming repayment of a loan amount from V.S. Hotel & Family Restaurant and its proprietor. The defendants failed to repay the loan, leading the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹3,21,446/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff proved that the defendants failed to repay the loan as per the agreed terms.
The evidence presented by the plaintiff proved that the defendants failed to repay the loan as per the agreed terms.
Losing Side's Weaknesses:
The evidence presented by the plaintiff proved that the defendants failed to repay the loan as per the agreed terms.
The evidence presented by the plaintiff proved that the defendants failed to repay the loan as per the agreed terms.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹3,21,446/- (Rupees Three Lakhs Twenty-One Thousand Four Hundred and Forty-Six only) is due from the defendants. The documents produced by the plaintiff show that the defendants are 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 ₹3,21,446/- (Rupees Three lakhs Twenty-One Thousand Four Hundred and Forty-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
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- V.S. Hotel & Family Restaurant
- Relation
- represented by its proprietor
- Party Role
- Defendant
- Party Name
- Feba.S
- Party Age
- 42
- Relation
- Proprietor of V.S. Hotel & Family Restaurant
Plaintiffs Documents
Original Loan Application dated 01/12/2023, Original letter of arrangement dated 20/01/2024, Original loan-cum-hypothecation agreement dated 20/01/2024, True copy of Bank Statement from 01/01/2024 to 13/01/2025, Advocate Notice dated 14/01/2025, Postal receipt dated 20/01/2025, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manvila T.M. Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover an amount of ₹3,21,446/- along with interest.
Evidence:
The plaintiff is entitled to realize an amount of ₹3,21,446/- (Rupees Three Lakhs Twenty-One Thousand Four Hundred and Forty-Six only) with 6% interest from the date of the suit till date of realization from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendants.
Evidence:
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 dated 01/12/2023.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original letter of arrangement dated 20/01/2024.
Reference:
Ext.A2
Document Type:
Loan-cum-Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original loan-cum-hypothecation agreement dated 20/01/2024.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True copy of the bank statement from 01/01/2024 to 13/01/2025.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Advocate's notice dated 14/01/2025.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts dated 20/01/2025 (2 in numbers).
Reference:
Ext.A6 and Ext.A6(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Signed acknowledgment card.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence presented by PW1 supporting the plaintiff's claims.
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
2025