Case Summary
The case involves The State Bank of India seeking repayment of an educational loan from Sugil.G.S and his father. The defendants defaulted on the loan despite several reminders and notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of Rs.5,81,546/- with future interest at 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved the case with adequate documentation and evidence of the loan.
The plaintiff successfully proved the case with adequate documentation and evidence of the loan.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with adequate documentation and evidence of the loan.
The plaintiff successfully proved the case with adequate documentation and evidence of the loan.
Supporting Evidence
The plaintiff's case is substantiated by documents and the defendants failed to provide credible evidence to support their claims.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendants are directed to pay an amount of Rs.5,81,546/- (Rupees five lakhs eighty one thousand five hundred and forty six only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The State Bank of India
- Party Role
- Defendant
- Party Name
- Sugil.G.S
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surendran.M
- Relation
- S/o
Plaintiffs Documents
Loan application, Agreement letter, Loan agreement for term loan, Statement of account, Account statement with interest, True copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.K.Sanath Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.Valsala Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the outstanding loan amount with interest.
Evidence:
In the result, suit is decreed as follows: 1) The defendants are directed to pay an amount of Rs.5,81,546/- (Rupees five lakhs eighty one thousand five hundred and forty six only) with `future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document supporting the claim for the educational loan applied by the defendants.
Reference:
Ext.A1
Document Type:
Agreement Letter
Submitted By:
Plaintiff
Relevance:
Outlines the terms and conditions of the loan undertaken by the defendants.
Reference:
Ext.A2
Document Type:
Loan agreement for term loan
Submitted By:
Plaintiff
Relevance:
Details the formal agreement for the loan sanctioned by the plaintiff.
Reference:
Ext.A3
Document Type:
Statement of account for the period from 10.01.2010 to 18.03.2019
Submitted By:
Plaintiff
Relevance:
Shows the financial transaction and amount due in the loan account of the defendants.
Reference:
Ext.A4
Document Type:
Account statement with interest from 01.01.2018 to 19.03.2019
Submitted By:
Plaintiff
Relevance:
Provides insight into the accrued interest on the loan amount during the specified period.
Reference:
Ext.A5
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Official notice sent to the defendants requesting repayment of the loan amount.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice to the defendants.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Another confirmation of sending the lawyer notice.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of the receipt of the lawyer notice by the defendants.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Further evidence of the notice served to the defendants.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between The State Bank of India vs Sugil.G.S et al regarding realization of money
Case Code Year
Case between The State Bank of India vs Sugil.G.S et al regarding realization of money