Case Summary
The plaintiff, State Bank of Travancore, is seeking recovery of a loan amount from the defendant, K.P.V.kumar. The defendant took two gold loans and defaulted on the repayment, prompting the plaintiff to initiate legal proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,60,366/- from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing recovery of the loan amount along with interest. The plaintiff is entitled to recover ₹1,60,366/- with future interest.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹1,60,366/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of Travancore
- Party Role
- Defendant
- Party Name
- K.P.V.kumar
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Loan application No.67182895744, Gold loan application No.67182984974, Statement of account from 11/05/2012 to 30/09/2014, Lawyers notice dated 17/11/2024 and 15/12/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.R.Swaminathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.L.S.Renjith
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,60,366/- from the defendant and his assets.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of ₹1,60,366/- with future agreed interest at the prevailing interest rate of 12% per annum with monthly rest from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12% per annum with monthly rests from 10/05/2013 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12% per annum with monthly rests from 10/05/2013 till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendant for gold loan No.67182895744.
Reference:
Ext.A1
Document Type:
Gold loan application
Submitted By:
Plaintiff
Relevance:
Gold loan application submitted by the defendant for gold loan No.67182984974.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 11/05/2012 to 30/09/2014.
Reference:
Ext.A3 and A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Lawyers notice sent to the defendant dated 17/11/2024 and 15/12/2024.
Reference:
Ext.A5 and A6
Document Type:
Copy of postal receipt
Submitted By:
Plaintiff
Relevance:
Copy of the postal receipt related to the communication with the defendant.
Reference:
Ext.A7
Document Type:
Copy of acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of the acknowledgment card concerning the notice sent to the defendant.
Reference:
Ext.A8
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
Case between State Bank of Travancore vs K.P.V.kumar regarding recovery of money
Case Code Year
Case between State Bank of Travancore vs K.P.V.kumar regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt