Case Summary
The plaintiff, State Bank of India, is seeking to recover a loan amount from the defendant, Suresh.C, who defaulted on repayment. The case is being heard ex-parte as the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,36,615.96 with 6% interest and the costs of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest. The suit was decreed as prayed for by the plaintiff.
Why Plaintiff Won:
The oral and documentary evidence presented by the plaintiff clearly established the defendant's liability for the loan amount.
The oral and documentary evidence presented by the plaintiff clearly established the defendant's liability for the loan amount.
Losing Side's Weaknesses:
The oral and documentary evidence presented by the plaintiff clearly established the defendant's liability for the loan amount.
The oral and documentary evidence presented by the plaintiff clearly established the defendant's liability for the loan amount.
Supporting Evidence
The documents produced by the plaintiff demonstrate the defendant’s liability and there is no material on record to show that the defendant has discharged this liability.
Judgment Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of ₹1,36,615.96/- (Rupees One Lakh Thirty-Six Thousand Six Hundred Fifteen and Paise Ninety-Six 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Suresh.C
- Party Age
- 49
Plaintiffs Documents
Original 'XPRESS Credit Loan' Application Form, Original Personal Loan Agreement, Account Statement, Legal Notice, Postal receipt, Acknowledgment Card, Certificate issued under section 65B of the Indian Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Biju P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.S. Gopinathan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize an amount of ₹1,36,615.96 with interest and costs.
Evidence:
The suit is decreed as follows: a)The plaintiff is entitled to realize an amount of ₹1,36,615.96/- (Rupees One Lakh Thirty-Six Thousand Six Hundred Fifteen and Paise Ninety-Six only) with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Documents & Evidence
Document Type:
Xpress Credit Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original application form for the loan dated 25/01/2021.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed by the defendant in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of the defendant's account covering the period from 25/01/2021 to 05/04/2024.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant on 16/01/2024 demanding repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the legal notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card signed by the defendant acknowledging receipt of the legal notice.
Reference:
Ext.A6
Document Type:
Certificate under Section 65B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate issued by SBI regarding the authenticity of the electronic documents.
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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024