Case Summary
The State Bank of India has filed a suit against Salahudheen K. for recovery of a loan amount of Rs.5,09,700/- due to default in payments. Despite receiving a legal notice, the defendant did not repay the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.5,09,700/- from the defendant along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering Salahudheen K. to pay the amount of Rs.5,09,700/- along with specified interest and costs.
Why Plaintiff Won:
The evidence presented by the plaintiff was not contested, establishing the default on the loan agreement.
The evidence presented by the plaintiff was not contested, establishing the default on the loan agreement.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not contested, establishing the default on the loan agreement.
The evidence presented by the plaintiff was not contested, establishing the default on the loan agreement.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.5,09,700/- (Rupees Five Lakhs Nine Thousand and Seven Hundred only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Ernakulam Branch
- Relation
- Rep.by the Chief Manager
- Party Role
- Defendant
- Party Name
- Salahudheen K.
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Original loan arrangement letter dated 02.07.2022, Original loan agreement dated 02.07.2022, Original irrevocable standing instruction dated 02.07.2022, Copy of lawyer’s notice dated 12.02.2024, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mumtaz Shamsuddin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alisha Aslam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amina Ruby Faizal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the loan amount from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.5,09,700/- (Rupees Five Lakhs Nine Thousand and Seven Hundred only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest on the loan amount from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.5,09,700/- (Rupees Five Lakhs Nine Thousand and Seven Hundred only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest on the loan amount from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,09,700/- (Rupees Five Lakhs Nine Thousand and Seven Hundred only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the loan agreement.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Documents the legal agreement for the loan.
Reference:
Ext.A2
Document Type:
Irrevocable Standing Instruction
Submitted By:
Plaintiff
Relevance:
Details the automatic debit arrangement for loan repayments.
Reference:
Ext.A3
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the default and demands payment.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A5
Document Type:
Computer Generated Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides the details of the outstanding loan amount.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India, Ernakulam Branch vs Salahudheen K. regarding realization of money
Case Code Year
Case between State Bank of India, Ernakulam Branch vs Salahudheen K. regarding realization of money