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
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.
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
Plaintiffs
State Bank of India (Age not specified years)
SME City Centre, First Floor, Vankarath Towers, Palarivattom, Kochi-24
Defendants
Mr. Michael Joseph (53 years)
36/2780, Vayala Hills, Thekkumthala Road, Kaloor, Kochi-682017
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