Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Biju C S, for the realization of an outstanding loan amount. The defendant defaulted on the loan repayment, leading to the bank issuing loan recall notices and ultimately initiating this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.3,59,901/- and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the bank to recover the outstanding loan amount from the defendant. The court found that the evidence supported the plaintiff's claims about the loan default.
Why Plaintiff Won:
The unrebutted evidence presented by the plaintiff established the loan default and supported the claim for recovery.
The unrebutted evidence presented by the plaintiff established the loan default and supported the claim for recovery.
Losing Side's Weaknesses:
The unrebutted evidence presented by the plaintiff established the loan default and supported the claim for recovery.
The unrebutted evidence presented by the plaintiff established the loan default and supported the claim for recovery.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1(a) to A7 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.3,59,901/- (Rupees Three Lakhs Fifty Nine Thousand Nine Hundred and One only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Biju C S
- Relation
- S/o
Plaintiffs Documents
Copy of arrangement letter dated 10.12.2021, Copy of consent form signed by the defendant, Statement of account, Copy of irrevocable standing instruction dated 14.12.2021, Copy of lawyer’s notice dated 13.12.2023, Original postal receipt, Original A/D card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saigi Jacob Palatty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anu S. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaison Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jimmy Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the amount outstanding from the defendant.
Evidence:
Thus this court is satisfied that the plaintiff is entitled to the relief as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 10.6% per annum on the outstanding amount.
Evidence:
The plaintiff is entitled to realize interest @ 10.6 % per annum for Rs.3,59,901/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum on the outstanding amount.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,59,901/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Copy of the arrangement letter dated 10.12.2021 was discussed in the judgment, though initially rejected.
Reference:
Ext.A1(a)
Document Type:
Consent Form
Submitted By:
Plaintiff
Relevance:
Original of the consent form signed by the defendant was used to support the plaintiff's case.
Reference:
Ext.A2(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account along with certification was part of the evidence establishing the amount owed.
Reference:
Ext.A3
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
Original copy of irrevocable standing instruction dated 14.12.2021 was presented in the court.
Reference:
Ext.A4(a)
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 13.12.2023 was included as evidence regarding the debt.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt was presented to prove the communication regarding the loan recall.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original A/D card was used to support the plaintiff's claims.
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
Non-payment of rent
Case Code
Case between State Bank of India vs Biju C S regarding realization of money
Case Code Year
Case between State Bank of India vs Biju C S regarding realization of money