Case Summary
This case involves the State Bank of India as the plaintiff seeking recovery from the defendant, Nama Sandeep Kumar, for a loan amount that has not been repaid. The defendant failed to make the required payments despite having agreed to the loan conditions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.9,64,613 along with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff bank is entitled to recover the outstanding loan amount from the defendant along with interest and costs.
Why Plaintiff Won:
The plaintiff bank provided sufficient evidence to prove the loan agreement and the defendant's failure to repay.
The plaintiff bank provided sufficient evidence to prove the loan agreement and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff bank provided sufficient evidence to prove the loan agreement and the defendant's failure to repay.
The plaintiff bank provided sufficient evidence to prove the loan agreement and the defendant's failure to repay.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved. Hence the plaintiff bank is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.9,64,613 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nama Sandeep Kumar
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Sanction letter dated 24.01.2020, Arrangement letter dated 27.01.2020, Demand Promissory Note dated 27.01.2020, Personal loan Agreement dated 27.01.2020, Office copy of lawyer notice dated 29.06.2023, Computer print out of statement of account from 27.01.2020 to 09.08.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju.N.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Flony P.J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama Radhakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lekha.G
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Uma.G.Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aleesha M.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover the dues from the defendant.
Evidence:
The plaintiff bank is allowed to recover Rs.9,64,613/- (Rupees Nine lakh Sixty Four thousand Six hundred and Thirteen only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document marks the sanction of a loan to the defendant.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document outlines the repayment terms agreed upon by the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document represents the defendant's promise to pay the loan amount.
Reference:
Ext.A3
Document Type:
D.P Note Delivery letter
Submitted By:
Plaintiff
Relevance:
Document confirms the delivery of the demand promissory note.
Reference:
Ext.A4
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document provides the terms of the personal loan agreement signed by the defendant.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Document evidences the notice sent to the defendant regarding the outstanding amount.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document evidences the acknowledgment of the loan communications.
Reference:
Ext.A7
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Document provides a detailed statement of the account from the start of the loan to the current date.
Reference:
Ext.A8
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 Nama Sandeep Kumar regarding recovery of loan amount
Case Code Year
Case between State Bank of India vs Nama Sandeep Kumar regarding recovery of loan amount