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O.S. No.164/2024

Case between State Bank of India vs Mr. Afsal.K.M regarding realization of money.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-21
Duration
approximately-5 years 9 months 8 days
Case Closed
Sat, 12/21/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

State Bank of India filed a suit against Mr. Afsal.K.M for the recovery of a loan amount due to non-payment. The defendant availed a loan but defaulted on the payments, leading to the suit for recovery of the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the due amount along with interest from the defendant's assets.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.1,66,977/- from the defendant along with specified interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the due amount along with interest from the defendant's assets.
Why Plaintiff Won:
The plaintiff's claims were substantiated by unrebutted evidence and testimony, thus entitling them to the relief sought.
Losing Side's Weaknesses:
The plaintiff's claims were substantiated by unrebutted evidence and testimony, thus entitling them to the relief sought.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,66,977/- from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
represented by
Party Role
Defendant
Party Name
Mr. Afsal.K.M
Party Age
35
Relation
S/o
Plaintiffs Documents
Original loan arrangement letter, Original loan agreement, Statement of account, Copy of statutory notice, Original returned letter.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V.K. Hema
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arunima N.R.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Gowri A.H.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to realize an amount of Rs.1,66,977/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,66,977/-.
Relief Type: Interest
Outcome: Partly Granted
Description:
Plaintiff entitled to interest @ 12% per annum till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,66,977/- from the date of suit till date decree.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff entitled to interest @ 6% per annum from date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,66,977/- from date of decree till date of realization.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.

Documents & Evidence

Document Type: Original Loan arrangement letter
Submitted By: Plaintiff
Relevance:
Established the terms of the loan agreement.
Reference:
Ext.A1
Document Type: Original loan agreement
Submitted By: Plaintiff
Relevance:
Provided the loan terms and conditions.
Reference:
Ext.A2
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Showed the outstanding amount due from the defendant.
Reference:
Ext.A3
Document Type: Copy of statutory notice
Submitted By: Plaintiff
Relevance:
Notified the defendant of the loan repayment default.
Reference:
Ext.A4
Document Type: Original returned letter
Submitted By: Plaintiff
Relevance:
Indicated the defendant's non-response to the statutory notice.
Reference:
Ext.A5

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Mr. Afsal.K.M regarding realization of money.
Case Code Year
Case between State Bank of India vs Mr. Afsal.K.M regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/13/2019 - 12:00
Case Closed
Sat, 12/21/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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