Case Summary
This case involves a loan agreement between State Bank Of India and the defendant, Rajeev S.R, who defaulted on the repayment of the loan. The bank is seeking to recover the outstanding amount due to the default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree to recover Rs. 8,55,328/- with interest at the rate of 12.6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest. The defendant failed to appear in court to contest the claims.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved the existence of the loan agreement and the default in payment by the defendant.
The plaintiff's unchallenged evidence proved the existence of the loan agreement and the default in payment by the defendant.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved the existence of the loan agreement and the default in payment by the defendant.
The plaintiff's unchallenged evidence proved the existence of the loan agreement and the default in payment by the defendant.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realize the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 8,55,328/- (Rupees Eight lakhs Fifty Five thousand Three hundred and Twenty Eight only) to the plaintiff with interest at the rate of 12.6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank Of India
- Relation
- represented by its Branch Manager, Rashmi Balan
- Party Role
- Defendant
- Party Name
- Rajeev.S.R
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Original loan application, Original arrangement letter, Original personal loan agreement, Copy of lawyer’s notice, Original unclaimed notice, Statement of accounts with certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreeja Sasidharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of the outstanding loan amount.
Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 8,55,328/- (Rupees Eight lakhs Fifty Five thousand Three hundred and Twenty Eight only) to the plaintiff with interest at the rate of 12.6% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan taken by the defendant from the plaintiff.
Reference:
Ext.A1
Document Type:
Original arrangement letter
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon for the loan.
Reference:
Ext.A2
Document Type:
Original personal loan agreement
Submitted By:
Plaintiff
Relevance:
This agreement specifies the conditions of the loan provided to the defendant.
Reference:
Ext.A3
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This is the legal notice sent to the defendant regarding the repayment of the loan.
Reference:
Ext.A4
Document Type:
Original Unclaimed notice
Submitted By:
Plaintiff
Relevance:
This notice indicates that the demand notice was unclaimed by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
These documents provide evidence of the outstanding loan amount and payment details.
Reference:
Ext.A6 series
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
2023