Case Summary
The plaintiff, State Bank of India, is seeking recovery of an outstanding loan from the defendants, Sanjay J and R.Jayakumar. The defendants defaulted on a term loan taken for educational purposes, leading the bank to classify the account as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of 5,68,360/- with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total amount of Rs. 5,68,360/- along with interest. The plaintiff is also entitled to recover the decree amount from the defendants' assets if not paid.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of 5,68,360/- (Rupees Five Lakhs Sixty Eight Thousand Three Hundred and Sixty Only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India represented by its Manager Indu T
- Party Role
- Defendant
- Party Name
- Sanjay J
- Party Age
- 26
- Relation
- S/o R Jayakumar
- Party Role
- Defendant
- Party Name
- R.Jayakumar
- Party Age
- 54
- Relation
- S/o Ramachandran Pillai
Plaintiffs Documents
Application cum appraisal form for Education loan, Arrangement letter issued by the plaintiff, Agreement for term loan for Rs.3,87,000/- executed between defendant and the plaintiff, Office copy of lawyer notice issued by the plaintiff to the defendants with postal receipts, Notice to the 1st defendant returned unclaimed along with A/d card, Acknowledgment card signed by 2nd defendant, Certified copy of Statement of loan account in respect of A/c no. 34620485873 maintained in respect of defendants by plaintiff bank from 20.01.15 to 05.09.23.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aravind Simson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the total loan amount due.
Evidence:
The suit is decreed directing the defendant to pay an amount of 5,68,360/- (Rupees Five Lakhs Sixty Eight Thousand Three Hundred and sixty Only) with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Application cum appraisal form for Education loan
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence supporting the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Arrangement letter issued by the plaintiff
Submitted By:
Plaintiff
Relevance:
This letter outlines the terms and conditions accepted by the defendants regarding the loan.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
This agreement details the financial obligation of the defendants to repay the loan amount.
Reference:
Ext.A3
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan.
Reference:
Ext.A4
Document Type:
Notice to the 1st defendant returned unclaimed
Submitted By:
Plaintiff
Relevance:
This document indicates that the notice sent to the first defendant could not be served.
Reference:
Ext.A5
Document Type:
Acknowledgment card signed by 2nd defendant
Submitted By:
Plaintiff
Relevance:
This acknowledgment confirms receipt of the notice by the second defendant.
Reference:
Ext.A6
Document Type:
Certified copy of Statement of loan account
Submitted By:
Plaintiff
Relevance:
This statement provides a detailed account of the loan transactions and outstanding amounts.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India represented by its Manager Indu T vs Sanjay J, R.Jayakumar regarding recovery of money
Case Code Year
Case between State Bank of India represented by its Manager Indu T vs Sanjay J, R.Jayakumar regarding recovery of money