Case Summary
This case involves the State Bank of India, which is seeking to recover a loan amount from the defendant, Mr. Nahas. A. Fazil. The defendant failed to repay the loan, which led to the bank filing a suit for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 16,927/- with interest at 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendant to pay the outstanding loan amount with interest. If the defendant fails to pay, the plaintiff may recover the amount from the defendant's assets.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
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 16,927/- (Rupees sixteen thousand nine hundred and twenty seven 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
- Party Role
- Defendant
- Party Name
- Mr. Nahas. A. Fazil
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Arrangement Letter, Demand Promissory Note, Computer print out of Statement of Account, Standing Instruction, Office copy of Notice
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arunima N.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the amount due from the defendant.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
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:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim for loan repayment.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim for loan repayment.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim for loan repayment.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the payment history and the outstanding amount.
Reference:
Ext.A4
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
This document is related to the loan agreement.
Reference:
Ext.A5
Document Type:
Office Copy of Notice
Submitted By:
Plaintiff
Relevance:
This document is proof of communication regarding the loan.
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. Nahas. A. Fazil regarding realisation of money.
Case Code Year
Case between State Bank of India vs Mr. Nahas. A. Fazil regarding realisation of money.