Case Summary
The plaintiff, State Bank of India, is seeking to recover a personal loan of Rs. 6,75,254 from the defendant, Manoj.P.C., due to non-repayment. The defendant has been absent from the proceedings, resulting in an exparte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realise the plaint claim of Rs. 6,75,254 and 9% interest on the principal amount from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing State Bank of India to recover Rs. 6,75,254 from the defendant along with interest. The defendant failed to repay the loan, leading to the judgment.
Why Plaintiff Won:
The plaintiff adduced unrebutted evidence establishing the loan agreement and the defendant's default.
The plaintiff adduced unrebutted evidence establishing the loan agreement and the defendant's default.
Losing Side's Weaknesses:
The plaintiff adduced unrebutted evidence establishing the loan agreement and the defendant's default.
The plaintiff adduced unrebutted evidence establishing the loan agreement and the defendant's default.
Supporting Evidence
PW1 gave evidence in tune with the pleadings in the plaint. He was also relying on Ext. A1 to A5 documents to establish the case.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs. 6,75,254/- and also to realise 9% interest on the principal amount of Rs. 7,00,000 /- from the defendant from the date of the suit ie, 27.07.2023 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Manoj.P.C.
- Party Age
- 37
- Relation
- S/o. Chacko.P.V.
Plaintiffs Documents
Original Personal Loan Agreement, Original Arrangement letter, Original revival letter, Copy of Lawyer Notice, Certified copy of statement of account of loan account No. 39453799371.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny.K.Manipadam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's bank is allowed to realise the plaint claim of Rs.6,75,254/- and also to realise 9% interest on the principal amount.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.6,75,254/- and also to realise 9% interest on the principal amount of Rs.7,00,000/- from the defendant from the date of the suit ie, 27.07.2023 till realisation.
Documents & Evidence
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original personal loan agreement made at Thalayolaparambu dated 30.06.2020.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Original arrangement letter dated 30.06.2020.
Reference:
Ext.A2
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Original revival letter dated 25.03.2022.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 23.02.2022.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of statement of loan account No.39453799371 for the period from 30.06.2020 to 13.06.2023.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of Loan
Case Code
Case between State Bank of India vs Manoj.P.C. regarding realisation of money.
Case Code Year
Case between State Bank of India vs Manoj.P.C. regarding realisation of money.