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
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.
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
Plaintiffs
State Bank of India (Age not specified years)
Ernakulam Branch, Rep.by the Chief Manager, 1st Floor KTDC Building No.1158, Shanmughan Road, Kochi Ernakulam, Pin:682 011
Defendants
Sudheesh Kumar V.S. (52 years)
Arikkanezhath (H), Valiyakulam, Pampayimoola, Kochi – 682 010
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: