Case Summary
The case involves The State Bank of India seeking to recover money due from Mr. Bineesh Kumar M M under a personal loan agreement. The defendant failed to repay the loan, leading the bank to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs. 7,80,770 along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendant to pay Rs. 7,80,770 along with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to establish the case.
The plaintiff provided sufficient evidence to establish the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs. 7,80,770/- (Rupees Seven Lakhs Eighty Thousand Seven Hundred and Seventy 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
- The State Bank of India
- Party Role
- Defendant
- Party Name
- Mr. Bineesh Kumar M M
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan Application by the defendant, Agreement letter Acknowledged by the defendant, Loan Agreement executed by the defendant in favour of the plaintiff, Office copy of the Lawyers Notice, Postal Receipt, Returned Postal article, Statement of Account of the Loan Account No. 40727464051 in the name of the defendant for the period 20.01.2022 to 18.01.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Manu J Varappally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is granted the amount due from the defendant along with interest.
Evidence:
the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.7,80,770/- 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.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application filed by the defendant was used to establish the loan granted.
Reference:
Ext.A1
Document Type:
Agreement Letter
Submitted By:
Plaintiff
Relevance:
This letter acknowledged by the defendant contained the terms and conditions of the loan.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The loan agreement executed by the defendant in favor of the plaintiff was a key document for the case.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to demand the outstanding payment from the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt was used to show the sending of the lawyers notice.
Reference:
Ext.A5
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
This evidence was mentioned but further context is not provided.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides details of the loan account and outstanding amounts.
Reference:
Ext.A7
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 The State Bank of India vs Mr. Bineesh Kumar M M regarding realization of money
Case Code Year
Case between The State Bank of India vs Mr. Bineesh Kumar M M regarding realization of money