Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Manoj, for the realization of an outstanding loan amount. The defendant defaulted on the loan repayment despite being notified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.9,39,904/- together with interest at the rate of 6% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the amount owed by the defendant along with interest. The evidence presented supported the plaintiff's case effectively.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
By producing Exts. A1 to A7 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, The plaintiff is entitled to realise an amount of Rs.9,39,904/- (Rupees Nine Lakhs Thirty-Nine Thousand Nine Hundred and Four only) together with interest at the rate of 6% per annum from the date of the suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Rep By
- Party Role
- Defendant
- Party Name
- Manoj
- Relation
- S/o
Plaintiffs Documents
Arrangement Letter, Personal loan Agreement Letter, Irrecoverable standing instruction, Office copy of legal notice, Acknowledgment card, Postal receipt, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Deepa C. S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.R. Sajeesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested the recovery of the outstanding dues amounting to Rs. 9,39,904/- from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.9,39,904/- (Rupees Nine Lakhs Thirty-Nine Thousand Nine Hundred and Four only) together with interest at the rate of 6% per annum from the date of the suit till the realization from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document shows the terms of loan arrangement.
Reference:
Ext.A1
Document Type:
Personal loan Agreement Letter
Submitted By:
Plaintiff
Relevance:
This document outlines the personal loan agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Irrecoverable standing instruction given by the borrower of the bank
Submitted By:
Plaintiff
Relevance:
This document indicates the standing instructions set by the borrower.
Reference:
Ext.A3
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice issued to the defendant for loan repayment.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows the acknowledgment of the legal notice by the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt related to the legal notice sent to the defendant.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides details of the account transactions relevant to the loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India et al vs Manoj regarding realization of money.
Case Code Year
Case between State Bank of India et al vs Manoj regarding realization of money.