Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Anil Kumar A D, for recovery of a loan amount. The defendant failed to repay the loan taken for purchasing a vehicle, leading to the present action by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff the sum of Rs. 3,11,345/- (Rupees Three Lakh Eleven Thousand Three Hundred and Forty Five Only) along with interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff the sum of Rs. 3,11,345/- along with interest. The plaintiff was granted costs as well.
Why Plaintiff Won:
The plaintiff established its case convincingly with no rebuttal evidence from the defendant.
The plaintiff established its case convincingly with no rebuttal evidence from the defendant.
Losing Side's Weaknesses:
The plaintiff established its case convincingly with no rebuttal evidence from the defendant.
The plaintiff established its case convincingly with no rebuttal evidence from the defendant.
Supporting Evidence
On perusal of plaint averments, affidavit of evidence and the documents produced, this court is satisfied that the plaintiff has established its case. There is no evidence rebuttal evidence from the defendants.
Judgment Evidence:
In the result, It is ordered that the defendant shall pay to the plaintiff the sum of Rs.3,11,345/- (Rupees Three Lakh Eleven Thousand Three Hundred and Forty Five Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Anil Kumar A D
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Loan Application form, Arrangement Letter, Loan cum Hypothecation Agreement, Office copy of the notice U/S 13 (2) of SARFAESI Act, Office copy of the notice under Rule 6(2) of the security interest (Enforcement) Rules, Copy of News paper Advertisement, Office Copy of the notice, Returned Postal Article, True extract of the ledger of the loan Account Certified as per the Bankers Book of evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu J Varappally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum advanced.
Evidence:
In the result, It is ordered that the defendant shall pay to the plaintiff the sum of Rs.3,11,345/-...
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest on the amount.
Evidence:
along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the defendant's request for the loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Provided the terms of the sanctioned loan.
Reference:
Ext.A2
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of the loan process.
Reference:
Ext.A3
Document Type:
Office copy of the notice U/S 13 (2) of SARFAESI Act.
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding repayment.
Reference:
Ext.A4
Document Type:
Office copy of the notice under Rule 6(2) of the security interest (Enforcement) Rules.
Submitted By:
Plaintiff
Relevance:
Informed the defendant of the auction proceedings.
Reference:
Ext.A5
Document Type:
Copy of News paper Advertisement
Submitted By:
Plaintiff
Relevance:
Related to the auction proceedings for the vehicle.
Reference:
Ext.A6
Document Type:
Office copy of the notice
Submitted By:
Plaintiff
Relevance:
Notification sent to the defendant regarding the balance payment.
Reference:
Ext.A7
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
Document supporting attempted communication with the defendant.
Reference:
Ext.A8
Document Type:
True extract of the ledger of the loan Account Certified as per the Bankers Book of evidence Act.
Submitted By:
Plaintiff
Relevance:
Demonstrated the outstanding balance in the loan account.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Anil Kumar A D regarding recovery of money
Case Code Year
Case between State Bank of India vs Anil Kumar A D regarding recovery of money