Case Summary
The plaintiff is the State Bank of India, which sanctioned a loan to the defendant, Zumrath Rahman. The defendant failed to repay the loan installments, leading the bank to file a suit to recover the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 7,49,913/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the State Bank of India to recover the amount due from the defendant, Zumrath Rahman.
Why Plaintiff Won:
The evidence presented by the plaintiff, including loan agreements and notifications, was unchallenged.
The evidence presented by the plaintiff, including loan agreements and notifications, was unchallenged.
Losing Side's Weaknesses:
The evidence presented by the plaintiff, including loan agreements and notifications, was unchallenged.
The evidence presented by the plaintiff, including loan agreements and notifications, was unchallenged.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A6 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realise an amount of Rs. 7,49,913/- (Rupees Seven Lakhs Forty Nine Thousand Nine Hundred and Thirteen only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr.Zumrath Rahman
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Loan application issued by Zumarath Rahman to SBI Branch, Mananchira, Arrangement letter issued by SBI to Zamrath Rahman, Irrevocable standing instruction issued by SBI to Zamrath Rahman, Personal Loan agreement executed by Zamrath Rahman to personal Banking Branch, Copy of lawyer notice issued by Adv.MV Sajeevan to Zamrath Rahman, Bank account statement from 19.06.2023 to 21.02.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajeevan MV
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E Balakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 7,49,913/- (Rupees Seven Lakhs Forty Nine Thousand Nine Hundred and Thirteen only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The application was submitted by the defendant for the loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
The letter outlines the terms and conditions of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
The instruction authorizes the bank to deduct monthly installments from the defendant's salary.
Reference:
Ext.A3
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed by the defendant formalizes the loan taken from the bank.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendant demanding payment of the dues.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card acknowledges receipt of the lawyer notice by the defendant.
Reference:
Ext.A5(a)
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
The cover associated with the acknowledgment card indicates further communication.
Reference:
Ext.A5(b)
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
The statement reflects transactions relevant to the loan account during the period specified.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Zumrath Rahman regarding realisation of money
Case Code Year
Case between State Bank of India vs Zumrath Rahman regarding realisation of money