Case Summary
The State Bank of India is suing M/s A.S Photography & Digital Studio and its proprietor Sanal Kumar S.K for the repayment of a loan amounting to ₹7,95,534.10. The defendants failed to meet the terms of the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹7,95,534.10 with 6% interest from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The case was decided in favor of the plaintiff and the defendants were ordered to repay the loan amount due along with interest.
Why Plaintiff Won:
The evidence showed the defendants had failed to repay the loan despite the terms of the agreement.
The evidence showed the defendants had failed to repay the loan despite the terms of the agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹7,95,534.10 is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹7,95,534.10... from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The State Bank of India
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Smt. Beenakumary.S
- Party Age
- 51
- Relation
- W/o. Sunilkumar V.V
- Party Role
- Defendant
- Party Name
- M/s A.S Photography & Digital Studio
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sanal Kumar S.K
- Party Age
- 37
- Relation
- S/o. Soman
Plaintiffs Documents
Original loan application, Original letter of arrangement, Original agreement of loan-cum-hypothecation, Original revival letter, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anithas Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount along with interest.
Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of ₹7,95,534.10/- (Rupees Seven lakhs Ninety-five Thousand Five Hundred Thirty-four and Ten paise only) with 6% interest from the date of the suit till date of realization from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is also entitled to costs of the suit from the defendants.
Evidence:
b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Serves as the application for the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Original Letter of Arrangement
Submitted By:
Plaintiff
Relevance:
Outlines the loan arrangement and terms between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Original Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
Details the secured nature of the loan granted to the defendants.
Reference:
Ext.A3
Document Type:
Original revival letter
Submitted By:
Plaintiff
Relevance:
Indicates attempts to revive the loan account before it became NPA.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance and account activity related to the loan.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024