Case Summary
The case involves State Bank of India and Mr. Sajo K John, where the bank seeks to recover a loan amount due from the defendant. The defendant failed to appear before the court, leading to an ex parte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.2,14,097/- and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the due amount from the defendant. The court also set the interest rates applicable on the amount.
Why Plaintiff Won:
The plaintiff established the claim due to the defendant's default on the loan agreement.
The plaintiff established the claim due to the defendant's default on the loan agreement.
Losing Side's Weaknesses:
The plaintiff established the claim due to the defendant's default on the loan agreement.
The plaintiff established the claim due to the defendant's default on the loan agreement.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A8 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.2,14,097/- (Rupees Two Lakhs Fourteen Thousand and Ninety Seven only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Kundanoor Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Sajo K John
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Original Xpress credit Loan application, Original Loan arrangement letter, Original personal loan agreement, Original sanction report, Copy of notice, Statement of account No. 40141368226, Statement of account No. 41501660554, Terms and conditions of pre-approved Xpress credit loan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K. Hema
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.2,14,097/- (Rupees Two Lakhs Fourteen Thousand and Ninety Seven only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Interest is to be provided at a reduced rate on the due amount.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,14,097/- (Rupees Two Lakhs Fourteen Thousand and Ninety Seven only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Further interest on the awarded amount till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,14,097/- (Rupees Two Lakhs Fourteen Thousand and Ninety Seven only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Xpress Credit Loan application
Submitted By:
Plaintiff
Relevance:
Provided the details of the loan application which forms the basis of the loan agreement.
Reference:
Ext.A1
Document Type:
Original Loan arrangement letter
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan arrangement that the defendant entered into.
Reference:
Ext.A2
Document Type:
Original personal loan agreement
Submitted By:
Plaintiff
Relevance:
Defines the obligations of the defendant regarding repayment of the loan.
Reference:
Ext.A3
Document Type:
Original sanction report
Submitted By:
Plaintiff
Relevance:
Confirms the approval of the loan application as per bank norms.
Reference:
Ext.A4
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Served as a formal request for repayment of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Displays the financial status of the loan account indicating default.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Another account statement relevant to the loan transactions.
Reference:
Ext.A7
Document Type:
Terms and conditions of pre-approved Xpress credit loan
Submitted By:
Plaintiff
Relevance:
Outlines the terms accepted by the defendant for the pre-approved loan.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India, Kundanoor Branch vs Mr. Sajo K John regarding realization of money
Case Code Year
Case between State Bank of India, Kundanoor Branch vs Mr. Sajo K John regarding realization of money