Case Summary
The plaintiff, State Bank of India, loaned ₹3,00,000 to the defendant for an Xpress Credit loan, which the defendant failed to repay. The case proceeded ex-parte after the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹3,34,518 with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, entitling them to recover ₹3,34,518 with interest and costs from the defendant.
Why Plaintiff Won:
Based on the evidence presented, the plaintiff proved the outstanding amount due from the defendant.
Based on the evidence presented, the plaintiff proved the outstanding amount due from the defendant.
Losing Side's Weaknesses:
Based on the evidence presented, the plaintiff proved the outstanding amount due from the defendant.
Based on the evidence presented, the plaintiff proved the outstanding amount due from the defendant.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹3,34,518 is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹3,34,518 with 6% interest from the date of the suit till date of realization 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
- Krishnadas N.V
Plaintiffs Documents
Original loan application dated 21/10/2021, Original arrangement letter dated 25/10/2021, Original personal loan agreement dated 25/10/2021, Copy of account statement from 25/10/2021 to 01/02/2024, Advocate's notice dated 24/12/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun Gopalakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Athira. D.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Udayakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ampady Rajkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Varun Gopalakrishnan Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹3,34,518/- with 6% interest from the defendant.
Evidence:
the plaintiff is entitled to realize an amount of ₹3,34,518/- (Rupees Three Lakhs Thirty-Four Thousand Five Hundred and Eighteen only) with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendant.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 21/10/2021 submitted by the defendant.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Original arrangement letter dated 25/10/2021 executed by the defendant.
Reference:
Ext.A2
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original personal loan agreement dated 25/10/2021 executed by the defendant.
Reference:
Ext.A3
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
Original irrevocable standing instruction given by the borrower to the bank dated 25/10/2021.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of the account statement from 25/10/2021 to 01/02/2024 demonstrating payments made and outstanding balance.
Reference:
Ext.A5
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Advocate's notice dated 24/12/2022 issued to the defendant regarding outstanding payments.
Reference:
Ext.A6
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
OS.NO.
Case Code Year
2023