Case Summary
The plaintiff, State Bank of India, is seeking repayment of a loan amount from the defendant, Mr. Michael Joseph, who defaulted on his loan obligations. The case was pursued exparte after the defendant failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.5,32,513/- along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize the outstanding loan amount along with interest from the defendant. The suit was allowed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff established the claim through documentary evidence and unrebutted oral testimony.
The plaintiff established the claim through documentary evidence and unrebutted oral testimony.
Losing Side's Weaknesses:
The plaintiff established the claim through documentary evidence and unrebutted oral testimony.
The plaintiff established the claim through documentary evidence and unrebutted oral testimony.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.5,32,513/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Mr. Michael Joseph
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original loan application, Original letter of arrangement, Original agreement of loan cum hypothecation, Copy of lawyer's notice with postal receipt, Returned postal cover with notice, Computer ledger of cash credit loan account no: 38338422441
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Jose Pious
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Sunil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.5,32,513/- from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.5,32,513/- (Rupees Five lakhs thirty two thousand five hundred and thirteen only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 11.30% per annum for Rs.5,32,513/- from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 11.30% per annum for Rs.5,32,513/- (Rupees Five lakhs thirty two thousand five hundred and thirteen only) from the date of suit till date of decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,32,513/- from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,32,513/- (Rupees Five lakhs thirty two thousand five hundred and thirteen only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application filed by the defendant dated 08.11.2018.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Original letter of arrangement issued by the plaintiff dated 16.03.2019.
Reference:
Ext.A2
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement of loan cum hypothecation dated 16.03.2019.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice issued by the plaintiff bank dated 17.10.2019 with postal receipts issued to the defendant.
Reference:
Ext.A4
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover with notice issued to the defendant.
Reference:
Ext.A5
Document Type:
Computer Ledger
Submitted By:
Plaintiff
Relevance:
Computer ledger of cash credit loan account No. 38338422441 in the name of the defendant maintained by the plaintiff along with certification.
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
Recovery of money
Case Code
Case between State Bank of India vs Mr. Michael Joseph regarding realization of Money
Case Code Year
Case between State Bank of India vs Mr. Michael Joseph regarding realization of Money