Case Summary
The plaintiff, State Bank of India, seeks to recover an education loan amount from the defendants Gokul Kalesh and Kalesh M.K. The defendants had borrowed funds but defaulted on repayments, leading the bank to initiate this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of an amount of Rs. 4,63,000 from the defendants with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the loan amount from the defendants with interest. The plaintiff is entitled to recover Rs. 4,63,000 along with applicable interest.
Why Plaintiff Won:
The plaintiff proved his case based on the unchallenged evidence presented.
The plaintiff proved his case based on the unchallenged evidence presented.
Losing Side's Weaknesses:
The plaintiff proved his case based on the unchallenged evidence presented.
The plaintiff proved his case based on the unchallenged evidence presented.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 coupled with Ext. A1 to A6, the plaintiff has proved his case and therefore, he is entitled to get a decree as he prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 4,63,000 from the defendants with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, RACPCII, Ernakulam
- Relation
- represented by its Manager (SARC), Frederic Jose
- Party Role
- Defendant
- Party Name
- Gokul Kalesh
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kalesh M.K.
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Loan application dated 13.07.2015, Loan agreement dated 25.07.2015, Statement of accounts dated 25.05.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Natraj K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought a decree for realization of loan amount along with interest.
Evidence:
the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 4,63,000 from the defendants with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The original loan application shows that the defendants approached the plaintiff for obtaining an education loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences that the plaintiff bank sanctioned the loan for Rs. 3,99,287 to the defendants.
Reference:
Ext.A2
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
The document contains various terms and conditions regarding the repayment of the loan amount and the interest payable.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document demonstrates the account status of the defendants in the plaintiff bank.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This indicates that the plaintiff issued a notice to the defendants after they defaulted on their loan payments.
Reference:
Ext.A5
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This shows that the defendants received the notice sent by the plaintiff.
Reference:
Ext.A6
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 Loan
Case Code
Case between State Bank of India vs Gokul Kalesh et al regarding realization of money
Case Code Year
Case between State Bank of India vs Gokul Kalesh et al regarding realization of money