Case Summary
The State Bank of India is suing Anilkumar for defaulting on a personal loan of ₹50,000. The plaintiff claims the defendant failed to make repayments and seeks to recover the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹56,944/- and 9% interest from 12.04.2024 till realization
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the claimed amount with interest.
Why Plaintiff Won:
The plaintiff's bank provided unrebutted evidence supporting their claim for recovery of the loan.
The plaintiff's bank provided unrebutted evidence supporting their claim for recovery of the loan.
Losing Side's Weaknesses:
The plaintiff's bank provided unrebutted evidence supporting their claim for recovery of the loan.
The plaintiff's bank provided unrebutted evidence supporting their claim for recovery of the loan.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff Bank, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹56,944/-(Rupees Fifty Six Thousand Nine Hundred And Forty Four only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 12.04.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Akhila K Ponnan
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Xpress Credit Insta Top Up Loan Terms and Conditions, Copy of Lawyers Notice, Postal acknowledgement Card, Statement of account in account No.39356612658 of the defendant, Ledger Screen shot in account No.39356612658 of the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P. Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Realization of the plaint claim amount along with interest.
Evidence:
the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹56,944/-(Rupees Fifty Six Thousand Nine Hundred And Forty Four only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 12.04.2024 till realization.
Documents & Evidence
Document Type:
Xpress Credit Insta Top Up Loan Terms and Conditions
Submitted By:
Plaintiff
Relevance:
Document outlining the terms and conditions of the loan agreement.
Reference:
Ext.A1
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant for loan repayment.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the legal notice by the defendant.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the loan account details of the defendant.
Reference:
Ext.A4
Document Type:
Ledger Screen shot
Submitted By:
Plaintiff
Relevance:
Screenshots demonstrating the defendant's loan account details.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of Loan
Case Code
Case between State Bank of India et al vs Anilkumar regarding realisation of money
Case Code Year
Case between State Bank of India et al vs Anilkumar regarding realisation of money