Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Sujith.S, for the recovery of outstanding loan amounts. The defendant availed various loans from the bank but failed to repay them, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise amounts of Rs.5,67,457/-, Rs.1,04,083/-, Rs.39,908/- and Rs.72,632/- from the defendant with future interests.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the outstanding loan amounts from the defendant, including interest. The suit was granted with costs.
Why Plaintiff Won:
The evidence provided by the plaintiff through PW1 established that the defendant was indebted to the bank.
The evidence provided by the plaintiff through PW1 established that the defendant was indebted to the bank.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff is entitled to realise amounts of Rs.5,67,457/-, with future interests at the rate of 11.65% per annum with monthly rest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Kollam SBI SMEC
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sujith.S
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan Application, Letter of Arrangement, Agreement cum deed of hypothecation, Offer Letter, Letter of Supplemental Agreement of loan cum hypothecation, Legal Notice, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of amounts due from the defendant.
Evidence:
Hence, the plaintiff is entitled for a decree to realise an amount of Rs.5,67,457/- (Rupees Five Lakhs Sixty Seven Thousand Four Hundred and Fifty Seven only), Rs. 1,04,083/- (Rupees One Lakh Four Thousand and Eighty Three only), Rs. 39,908 (Rupees Thirty Nine Thousand Nine Hundred and Eight only) and Rs. 72,632/- (Rupees Seventy Two Thousand Six Hundred and Thirty Two only) from the defendant and his assets with interest thereon.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit awarded to the plaintiff.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the loan application submitted by the defendant for availing a loan of Rs. 6,00,000.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Details the arrangement for the loan sanctioned on 23/12/2019.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the loan taken by the defendant against hypothecation.
Reference:
Ext.A3
Document Type:
Offer letter
Submitted By:
Plaintiff
Relevance:
Formal offer for the loan provided to the defendant.
Reference:
Ext.A4
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Details the arrangement for the supplemental loan sanctioned on 11/06/2020.
Reference:
Ext.A5
Document Type:
Letter of Supplemental Agreement of Loan cum Hypothecation
Submitted By:
Plaintiff
Relevance:
Summarizes the supplemental agreement to the original loan taken by the defendant.
Reference:
Ext.A6
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Gives details about arrangements for the supplemental loan on 27/11/2020.
Reference:
Ext.A7
Document Type:
Supplemental Agreement of Loan Cum Hypothecation
Submitted By:
Plaintiff
Relevance:
Explains the terms of the supplemental loan agreement executed on 27/11/2020.
Reference:
Ext.A8
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Provides arrangement details for the loan taken on 24/12/2021.
Reference:
Ext.A9
Document Type:
Supplemental Agreement of Loan Cum Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the supplemental loan agreement as per the arrangement on 24/12/2021.
Reference:
Ext.A10
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Indicates the renewal of loan transactions on 25/09/2024.
Reference:
Ext.A11
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal demand for repayment of outstanding loans.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provides proof of sending legal notice.
Reference:
Ext.A13
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Reflects the financial statements confirming the loan dues.
Reference:
Exts.A14 to A17
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 Sujith.S regarding Realisation of Money
Case Code Year
Case between State Bank of India et al vs Sujith.S regarding Realisation of Money