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O.S No. 696/2024

Case between State Bank of India vs Ajilesh Joseph regarding realisation of money.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-10
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, State Bank of India, filed a suit against the defendant, Ajilesh Joseph, for the recovery of an amount he owes due to a loan default. The defendant failed to repay the loan, resulting in legal action by the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendant to pay an amount of ₹7,83,890 with interest. The plaintiff is entitled to recover this amount along with the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of ₹7,83,890 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay an amount of ₹7,83,890 with interest. The plaintiff is entitled to recover this amount along with the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved due to uncontested evidence.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of 7,83,890/- (Rupees seven lakhs eighty three thousand eight hundred and ninety only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Party Role
Defendant
Party Name
Ajilesh Joseph
Party Age
28
Relation
S/o
Plaintiffs Documents
A1 24.01.2020 X press Credit Loan Application, A2 24.01.2020 Arrangement Letter, A3 24.01.2020 Personal Loan Agreement, A4 24.12.2021 True copy of the Demand Notice, A5 23.03.2022 True copy of the Legal Notice, A6 20.05.2022 True copy of the Demand Notice, A7 19.07.2022 True copy of the Demand Notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sreejith S. Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Biju Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Remil Regi George
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay a total amount of 7,83,890/- to the plaintiff with interest.
Evidence:
I.The defendant is directed to pay to the plaintiff, an amount of 7,83,890/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Submitted as evidence to support the claim regarding the loan taken by the defendant.
Reference:
Ext.A1
Document Type: Arrangement Letter
Submitted By: Plaintiff
Relevance:
Submitted to establish the terms of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type: Personal Loan Agreement
Submitted By: Plaintiff
Relevance:
Provided to demonstrate the contractual obligation of the defendant to repay the loan.
Reference:
Ext.A3
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Used to show that the plaintiff notified the defendant about the outstanding loan.
Reference:
Ext.A4
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Indicated the legal steps taken to recover the loan amount from the defendant.
Reference:
Ext.A5
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Another reminder sent to emphasize the need for repayment.
Reference:
Ext.A6
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Final notice issued to the defendant before proceeding with legal action.
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 vs Ajilesh Joseph regarding realisation of money.
Case Code Year
Case between State Bank of India vs Ajilesh Joseph regarding realisation of money.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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