Case Summary
The plaintiff, State Bank of India, is a banking concern alleging that the defendant, Mr. Binoy Mathew, failed to repay a loan. The court found the defendant liable for a total amount due to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹4,14,162/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant pay the total amount owed to the plaintiff along with interest. The plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff was uncontested and established the claim.
The evidence presented by the plaintiff was uncontested and established the claim.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was uncontested and established the claim.
The evidence presented by the plaintiff was uncontested and established the claim.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of ₹4,14,162/- (Rupees four lakhs fourteen thousand one hundred and sixty two only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Mr. Binoy Mathew
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Personal Loan Agreement, Arrangement Letter, Statement of Account, Final Recall Notice, Returned Postal Envelope.
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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.K Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neena C.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of ₹4,14,162 with interest.
Evidence:
The plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Credit Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used as part of the evidence to support the plaintiff's claim for the amount due.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Critical document establishing the terms of the loan availed by the defendant.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Provided as evidence regarding the arrangement for loan repayment.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Demonstrated the transactions and outstanding amounts due from the defendant.
Reference:
Ext.A4
Document Type:
Final recall notice
Submitted By:
Plaintiff
Relevance:
Indicated the final notice before legal action, providing context to the claim.
Reference:
Ext.A5
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Served as evidence of communication regarding the loan that was not successfully delivered.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Additional evidence of failed delivery of important notices pertaining to the loan.
Reference:
Ext.A6(a)
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Further corroborated the issue of failed communication with the defendant.
Reference:
Ext.A6(b)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony from PW1 was relied upon for the court's decision.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Mr. Binoy Mathew regarding realisation of money.
Case Code Year
Case between State Bank of India vs Mr. Binoy Mathew regarding realisation of money.