Case Summary
This case involves State Bank of India seeking recovery of a loan amount from the defendant, Mr. Sabari Das A.A. The defendant defaulted on a loan sanctioned by the bank, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.51,961 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, allowing them to recover the loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff established the claim based on unrebutted evidence and documentation of the loan agreement.
The plaintiff established the claim based on unrebutted evidence and documentation of the loan agreement.
Losing Side's Weaknesses:
The plaintiff established the claim based on unrebutted evidence and documentation of the loan agreement.
The plaintiff established the claim based on unrebutted evidence and documentation of the loan agreement.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A6 documents the plaint averments stands proved. Hence the plaintiff bank is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.51,961 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Sabari Das A.A
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Kerala Flood Relief Loan application form, Loan agreement letter, Demand promissory note, True copy of statement of account from 05.11.2018 to 18.09.2023, Standing instruction, Photocopy of the lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K Hema
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arunima N.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gowri A.H.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.51,961 with interest from the defendant.
Evidence:
Hence the plaintiff bank is entitled to get a decree as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Document used to establish the loan application for the Kerala Flood Relief Loan.
Reference:
Ext.A1
Document Type:
Loan Agreement Letter
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This was a promise to repay the loan amount taken by the defendant.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the account details that show the outstanding amount due from the defendant.
Reference:
Ext.A4
Document Type:
Standing Instruction
Submitted By:
Plaintiff
Relevance:
Document that specifies instructions for handling the loan repayment.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice documents the statutory notice sent to the defendant regarding the repayment of 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
Non-payment of rent
Case Code
Case between State Bank of India vs Mr. Sabari Das A.A regarding realisation of money
Case Code Year
Case between State Bank of India vs Mr. Sabari Das A.A regarding realisation of money