Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Anil Kumar A D, for recovery of loan amount due to non-payment. The defendant failed to adhere to the loan agreement terms leading to the initiation of recovery proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay to the plaintiff the sum of Rs.3,11,345/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The defendant was ordered to pay the plaintiff a sum of Rs.3,11,345/- along with interest at the rate of 6% per annum until realization.
Why Plaintiff Won:
Plaintiff has established its case with no evidence rebutted by the defendant.
Plaintiff has established its case with no evidence rebutted by the defendant.
Losing Side's Weaknesses:
Plaintiff has established its case with no evidence rebutted by the defendant.
Plaintiff has established its case with no evidence rebutted by the defendant.
Supporting Evidence
On perusal of plaint averments, affidavit of evidence and the documents produced, this court is satisfied that the plaintiff has established its case.
Judgment Evidence:
In the result, It is ordered that the defendant shall pay to the plaintiff the sum of Rs.3,11,345/- (Rupees Three Lakh Eleven Thousand Three Hundred and Forty Five Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Anil Kumar A D
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Loan Application form, Arrangement Letter, Loan cum Hypothecation Agreement, Office copy of the notice U/S 13 (2) of SARFAESI Act, Office copy of the notice under Rule 6(2) of the security interest (Enforcement) Rules, Copy of News paper Advertisement, Office Copy of the notice, True extract of the ledger of the loan Account Certified as per the Bankers Book of evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu J Varappally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 3,11,345/- from the defendant.
Evidence:
In the result, It is ordered that the defendant shall pay to the plaintiff the sum of Rs.3,11,345/- (Rupees Three Lakh Eleven Thousand Three Hundred and Forty Five Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the loan application process.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This agreement relates to the loan taken by the defendant and details the obligations.
Reference:
Ext.A3
Document Type:
Office copy of the notice U/S 13 (2) of SARFAESI Act
Submitted By:
Plaintiff
Relevance:
This notice demanded repayment from the defendant under the SARFAESI Act.
Reference:
Ext.A4
Document Type:
Office copy of the notice under Rule 6(2) of the security interest (Enforcement) Rules
Submitted By:
Plaintiff
Relevance:
This notice informed the defendant about the auction proceedings for the secured asset.
Reference:
Ext.A5
Document Type:
Copy of News paper Advertisement
Submitted By:
Plaintiff
Relevance:
This advertisement announced the e-auction of the vehicle.
Reference:
Ext.A6
Document Type:
Office copy of the notice
Submitted By:
Plaintiff
Relevance:
This notice notified the defendant of the remaining balance payment after the auction.
Reference:
Ext.A7
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
This document may relate to communication sent to the defendant that was not received.
Reference:
Ext.A8
Document Type:
True extract of the ledger of the loan Account Certified as per the Bankers Book of evidence Act
Submitted By:
Plaintiff
Relevance:
This extract provides the details of the loan account and outstanding amount.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India et al vs Anil Kumar A D regarding recovery of money
Case Code Year
Case between State Bank of India et al vs Anil Kumar A D regarding recovery of money