Case Summary
State Bank of India is seeking to recover loan amounts from Ferin Ghani.P.P due to non-payment of loans. The defendant failed to appear in court, resulting in a judgment in favor of the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.4,67,914/- along with applicable interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amounts owed by the defendant along with interest.
Why Plaintiff Won:
The plaintiff bank proved the defendant's failure to repay the loans, which were established through documentation and testimony.
The plaintiff bank proved the defendant's failure to repay the loans, which were established through documentation and testimony.
Losing Side's Weaknesses:
The plaintiff bank proved the defendant's failure to repay the loans, which were established through documentation and testimony.
The plaintiff bank proved the defendant's failure to repay the loans, which were established through documentation and testimony.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A9 series established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. Plaintiff is entitled to realize an amount of Rs.4,67,914/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Ferin Ghani.P.P
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
Original Xpress Credit Loan Application, Original loan arrangement letter, Original personal loan agreement, Printout of statements of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K. Hema
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gowri.A.H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Durga Parvathy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.4,67,914/- from the defendant.
Evidence:
In the result, suit is decreed as follows; Plaintiff is entitled to realize an amount of Rs.4,67,914/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,67,914/- from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,67,914/- from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,67,914/- from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,67,914/- from date of decree till date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.62,032/- from the defendant.
Evidence:
Plaintiff is entitled to realize an amount of Rs.62,032/- from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.62,032/- from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.62,032/- from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.62,032/- from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.62,032/- from date of decree till date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.
Documents & Evidence
Document Type:
Original Xpress Credit Loan application
Submitted By:
Plaintiff
Relevance:
Submitted by the plaintiff to support the claim of loan disbursement.
Reference:
Ext.A1
Document Type:
Original Loan Agreement letter
Submitted By:
Plaintiff
Relevance:
Submitted by the plaintiff to establish the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Original personal loan agreement
Submitted By:
Plaintiff
Relevance:
Submitted to show the details of the personal loan extended to the defendant.
Reference:
Ext.A3
Document Type:
Printout of account
Submitted By:
Plaintiff
Relevance:
Provided as evidence of the defendant's outstanding loan amount.
Reference:
Ext.A4
Document Type:
Printout of Statement of Account
Submitted By:
Plaintiff
Relevance:
Showed the financial status related to the second loan account.
Reference:
Ext.A5
Document Type:
Copy of statutory notice
Submitted By:
Plaintiff
Relevance:
Demonstrated the legal notice sent to the defendant regarding loan default.
Reference:
Ext.A6
Document Type:
Printout of Xpress credit Insta Top up loan terms and condition
Submitted By:
Plaintiff
Relevance:
Outlined the terms related to the Insta top-up loan granted to the defendant.
Reference:
Ext.A7
Document Type:
Certification of Ext. A7
Submitted By:
Plaintiff
Relevance:
Certifies the addition of terms related to the top-up loan.
Reference:
Ext.A7(a)
Document Type:
Series of original postal receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of sending the statutory notice.
Reference:
Ext.A8
Document Type:
Series of original returned letters
Submitted By:
Plaintiff
Relevance:
Confirmed the defendant's refusal to accept the notice.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The oral testimony provided by the plaintiff's witness supported the claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Ferin Ghani.P.P regarding realization of money.
Case Code Year
Case between State Bank of India vs Ferin Ghani.P.P regarding realization of money.