Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Mohanraj, for the recovery of a loan amount of ₹1,37,367/- which has not been repaid. The court found that despite prior demands, the defendant failed to fulfill his loan obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,37,367/- 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 that the plaintiff is entitled to recover the outstanding loan amount with interest. The case was decided in favor of the plaintiff after determining the defendant's liability.
Why Plaintiff Won:
The documents presented by the plaintiff established the defendant's liability.
The documents presented by the plaintiff established the defendant's liability.
Losing Side's Weaknesses:
The documents presented by the plaintiff established the defendant's liability.
The documents presented by the plaintiff established the defendant's liability.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹1,37,367/- 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 ₹1,37,367/- (Rupees One lakh Thirty-Seven Thousand Three Hundred and Sixty-Seven only) 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
- Party Role
- Defendant
- Party Name
- Mohanraj
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Original X press Credit loan application, Original sanction letter, Original agreement for the personal loan, Legal notice, Postal receipt, Postal acknowledgment card, Bank statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kariyam Santhosh Kumar.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Rajitha Santhosh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of outstanding loan amount.
Evidence:
The plaintiff is entitled to realize an amount of ₹1,37,367/- with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Xpress Credit Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application signed by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Agreement for the personal loan
Submitted By:
Plaintiff
Relevance:
Original agreement executed by the defendant.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice sent.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the legal notice.
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement showing outstanding loan amount.
Reference:
Ext.A7
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