Case Summary
The plaintiff, State Bank of India, seeks recovery of money from the defendant, Deepu.S.S, who had taken personal loans and failed to repay. The defendant did not appear in court, resulting in a decision made based on the plaintiff's evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.8,89,364/- with interest at the rate of 11.60% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs.8,89,364/- with interest.
Why Plaintiff Won:
The plaintiff proved his case through the deposition and documents presented.
The plaintiff proved his case through the deposition and documents presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A13 documents were marked to prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs.8,89,364/- (Rupees Eight Lakh Eighty Nine Thousand Three Hundred and Sixty Four only) with interest at the rate of 11.60% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Keralapuram Branch
- Relation
- represented by the Branch Manager
- Party Role
- Defendant
- Party Name
- Deepu.S.S
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
A1 07-09-2021 Xpress Credit Loan Application, A2 09-07-2021 Arrangement Letter, A3 09-07-2021 Personal Loan Agreement, A4 09-07-2021 Irrevocable standing instruction, A5 26-07-2021 Loan Application, A6 26-07-2021 Agreement Letter, A7 26-07-2021 Personal Loan Agreement Letter, A8 26-07-2021 Irrevocable standing instruction, A9 13-01-2023 Demand Notice, A10 13-01-2023 Postal Receipts, A11 Returned Postal Articles, A12 16-03-2023 Statement of Loan accounts, A13 16-03-2023 Statement of Loan accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Uliyakovil S.Navas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.8,89,364/- with interest from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.8,89,364/- (Rupees Eight Lakh Eighty Nine Thousand Three Hundred and Sixty Four only) from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application for Xpress Credit Scheme indicating the request for Rs. 8,00,000/-.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document outlining the arrangement of the loan on 09/07/2021.
Reference:
Ext.A2
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the personal loan availed on 09/07/2021.
Reference:
Ext.A3
Document Type:
Irrevocable Standing Instruction
Submitted By:
Plaintiff
Relevance:
Standing instruction regarding loan repayment dated 09/07/2021.
Reference:
Ext.A4
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Second loan application for Rs. 2,00,000/- dated 26/07/2021.
Reference:
Ext.A5
Document Type:
Agreement Letter
Submitted By:
Plaintiff
Relevance:
Document outlining arrangement for the second loan on 26/07/2021.
Reference:
Ext.A6
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement documenting terms of the second personal loan on 26/07/2021.
Reference:
Ext.A7
Document Type:
Irrevocable Standing Instruction
Submitted By:
Plaintiff
Relevance:
Standing instruction regarding second loan repayment dated 26/07/2021.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding repayment of the outstanding amount dated 13/01/2023.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents proving delivery of the demand notice dated 13/01/2023.
Reference:
Ext.A10
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
Evidence of non-delivery of the demand notice.
Reference:
Ext.A11
Document Type:
Statement of Loan accounts
Submitted By:
Plaintiff
Relevance:
Loan account statement dated 16/03/2023 providing details of the outstanding amount.
Reference:
Ext.A12
Document Type:
Statement of Loan accounts
Submitted By:
Plaintiff
Relevance:
Second loan account statement dated 16/03/2023 showing repayment details.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2023