Case Summary
The case involves the State Bank of India seeking recovery of an outstanding loan amount from Mr. Fahad.M.K. The defendant defaulted on repayment, leading the plaintiff to classify the loan as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.2,88,199/- and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount and providing for the payment of interest. The defendant was found liable for repayment as per the loan agreement.
Why Plaintiff Won:
The plaintiff provided sufficient evidence including loan documents and repayment history, leading to a confirmation of the debt owed by the defendant.
The plaintiff provided sufficient evidence including loan documents and repayment history, leading to a confirmation of the debt owed by the defendant.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence including loan documents and repayment history, leading to a confirmation of the debt owed by the defendant.
The plaintiff provided sufficient evidence including loan documents and repayment history, leading to a confirmation of the debt owed by the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 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.2,88,199/- (Rupees Two Lakh Eighty Eight Thousand One Hundred Ninety Nine Only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Mr. Fahad.M.K
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Original loan application, Original sanction letter, Original arrangement letter, Original personal loan agreement, Copy of lawyer's notice, Original A/D Cards, statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susmitha K.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.2,88,199/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.2,88,199/- from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,88,199/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,88,199/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 24.05.2017 was marked as evidence.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter dated 06.06.2017 was marked as evidence.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Original arrangement letter dated 06.06.2017 was marked as evidence.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original personal loan agreement dated 06.06.2017 was marked as evidence.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 03.03.2023 was marked as evidence.
Reference:
Ext.A5
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
Original A/D Cards (2 in Nos) were accepted as evidence.
Reference:
Ext.A6
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts along with certification was accepted and marked in evidence.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Mr. Fahad.M.K regarding realization of money
Case Code Year
Case between State Bank of India vs Mr. Fahad.M.K regarding realization of money