Case Summary
The plaintiff, State Bank of India, is seeking repayment from the defendant, Alex T.P, for unpaid personal loans. The defendant failed to adhere to the repayment terms and the case was heard ex parte due to non-representation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.5,65,226 from the defendant and from his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff can recover a total of Rs.5,65,226 along with interest from the defendant due to non-payment of loans.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and documentary evidence established the case.
The unrebutted oral testimony of the plaintiff and documentary evidence established the case.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and documentary evidence established the case.
The unrebutted oral testimony of the plaintiff and documentary evidence established the case.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A6 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed in part as follows; Plaintiff is entitled to realize an amount of Rs.5,65,226 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India MG Road Branch, Ernakulam
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Alex T.P
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original agreement letter, Original personal loan agreement, Original irrecoverable standing instruction, Copy of final recall notice, Statement of account along with certification
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Domson J. Vattakuzhy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Indrajith S. Kaimal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of amount due from the defendant.
Evidence:
The court is satisfied that the plaint claim remains unpaid till date to the plaintiff by the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Entitlement to interest on the determined amount from date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,65,226/- from the date of suit till date decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Entitlement to interest on the determined amount from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,65,226/- from date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.
Documents & Evidence
Document Type:
Original arrangement letter
Submitted By:
Plaintiff
Relevance:
Establishes the details of the first loan agreement.
Reference:
Ext.A1
Document Type:
Original personal loan agreement
Submitted By:
Plaintiff
Relevance:
Confirms the terms of the personal loan taken by the defendant.
Reference:
Ext.A2
Document Type:
Original irrecoverable standing instruction
Submitted By:
Plaintiff
Relevance:
Indicates the standing instructions for repayments under the loan.
Reference:
Ext.A3
Document Type:
Copy of final recall notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the final demand for repayment issued to the defendant.
Reference:
Ext.A4
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Provides the detailed account status of the loans extended to the defendant.
Reference:
Ext.A5
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Further elucidates the account standing and payment history.
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 et al vs Alex T.P regarding realization of money
Case Code Year
Case between State Bank of India et al vs Alex T.P regarding realization of money