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O.S No. 359/2024

Case between State Bank of India vs Mr. Fayas Faizal et al regarding recovery of loan amount.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-07
Duration

Judgement document from eCourt website

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Case Summary

The plaintiff, State Bank of India, is seeking to recover a loan amount from the defendants, who failed to repay. The total amount owed by the defendants is ₹6,39,120.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants must pay ₹6,39,120 to the plaintiff with interest at the rate of 6% per annum. The plaintiff is also entitled to recover costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay ₹6,39,120 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's case proved based on uncontested evidence presented.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 6,39,120/- (Rupees six lakhs thirty nine thousand one hundred and twenty 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 defendants or their assets.

Parties Involved

Plaintiffs

State Bank of India (Age not specified years) Fort Cochin Branch, Rep. by Manager (SARC), Retail Assets Centralized Processing Center -II, Panampilly Nagar, Elamkulam Village, Elamkulam Amsom and Desom, Ernakulam, Pin 682 036.

Defendants

Mr. Fayas Faizal (29 years) H.No. 3/543, Minerva Junction, Eraveli, Ernakulam, Mattancherry Village, Mattancherry Amsom and Desom, Kochi – 682 002. Mr. A.U Faizal (55 years) H.No: 3/543, Minerva Junction, Eraveli, Ernakulam, Mattancherry Village, Mattancherry Amsom and Desom, Kochi – 682 002.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay the plaintiff the due amount.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 6,39,120/- (Rupees six lakhs thirty nine thousand one hundred and twenty 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 defendants or their assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Application cum appraisal form for Education loan
Submitted By: Plaintiff
Relevance:
Used to establish the terms of the loan.
Reference:
Ext.A1
Document Type: Arrangement Letter
Submitted By: Plaintiff
Relevance:
Provided details on the loan arrangement.
Reference:
Ext.A2
Document Type: Agreement for Term Loan
Submitted By: Plaintiff
Relevance:
Documented the loan agreement between the parties.
Reference:
Ext.A3
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
Notified the defendants of the default in repayment.
Reference:
Ext.A4
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
Indicated unsuccessful delivery of communication to the defendants.
Reference:
Ext.A5
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
Indicated another unsuccessful delivery of communication.
Reference:
Ext.A6
Document Type: Computer print out of Statement of account for the period from 27.12.2013 to 17.11.2023
Submitted By: Plaintiff
Relevance:
Provided the account statement showing the outstanding amount.
Reference:
Ext.A7

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
100%

Involved Entities

Bank

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