Case Summary
The case involves the State Bank of India suing Sudheesh Kumar V.S. for repayment of a personal loan. The defendant defaulted on payments, resulting in the bank seeking recovery of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.2,63,651.7/- and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, allowing the plaintiff to recover the principal amount and interest at specified rates. The plaintiff is entitled to costs from the defendant.
Why Plaintiff Won:
The unrebutted evidence established the plaintiff's claims against the defendant.
The unrebutted evidence established the plaintiff's claims against the defendant.
Losing Side's Weaknesses:
The unrebutted evidence established the plaintiff's claims against the defendant.
The unrebutted evidence established the plaintiff's claims against the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A6 series established the case as pleaded by the plaintiff. It shows that the plaint claim remains unpaid till date by the plaintiff.
Judgment Evidence:
In the result, suit is decreed in part as follows; 1. Plaintiff is entitled to realize an amount of Rs.2,63,651.7/- from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Rep.by
- Party Role
- Defendant
- Party Name
- Sudheesh Kumar V.S.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
A1 05.09.2022 Original loan Agreement letter, A2 05.09.2022 Original loan Agreement, A3 05.09.2022 Original irrevocable standing instruction, A4 12.02.2024 Copy of Lawyer’s notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mumtaz Shumsuddin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alisha Aslam
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiff is entitled to recover the amount of Rs.2,63,651.7/- from the defendant.
Evidence:
In the result, suit is decreed in part as follows; 1.Plaintiff is entitled to realize an amount of Rs.2,63,651.7/- (Rupees Two Lakh Sixty Three Thousand Six Hundred and Fifty One and Seven Paise only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum on Rs.2,63,651.7/- from the date of the suit till the date of decree.
Evidence:
2.Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,63,651.7/- (Rupees Two Lakh Sixty Three Thousand Six Hundred and Fifty One and Seven Paise 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 @ 6% per annum on Rs.2,63,651.7/- from the date of decree till realisation.
Evidence:
3.Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,63,651.7/- (Rupees Two Lakh Sixty Three Thousand Six Hundred and Fifty One and Seven Paise only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
4.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:
This document is the original loan arrangement letter dated 05.09.2022, which outlines the terms of the loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document is the original loan agreement dated 05.09.2022, establishing the loan's conditions.
Reference:
Ext.A2
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
This document is the original irrevocable standing instruction dated 05.09.2022 for EMI deductions.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is the copy of the lawyer's notice dated 12.02.2024, which demanded repayment.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the original acknowledgment card related to the loan communications.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document includes the statement of account along with certification, detailing the financial transactions.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The testimony provided by the Manager of the plaintiff bank as PW1 supported the case.
Reference:
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 Sudheesh Kumar V.S. regarding realization of money
Case Code Year
Case between State Bank of India, Ernakulam Branch vs Sudheesh Kumar V.S. regarding realization of money