Case Summary
The plaintiff is State Bank of India, which claims that the defendant, Mrs. Visala C.K, failed to repay a loan. The defendant accumulated a debt of 4,47,572.62/- to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹4,47,572.62/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay the amount owed along with interest.
Why Plaintiff Won:
The plaintiff proved the case through uncontested evidence.
The plaintiff proved the case through uncontested evidence.
Losing Side's Weaknesses:
The plaintiff proved the case through uncontested evidence.
The plaintiff proved the case through 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: I. The defendant is directed to pay to the plaintiff, an amount of 4,47,572.62/- 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 her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mrs. Visala C.K
- Party Age
- 55
- Relation
- D/o
Plaintiffs Documents
X press Credit Loan Application, Personal Loan Agreement, Arrangement Letter, Terms and Conditions of X press Credit insta top up loan, Computer Printout of Statement of Account, Certificate u/s. 65 B of the Evidence Act, Photo copy of the Lawyer Notice, Postal Receipt, Copy of Postal track consignment, Irrevocable standing instruction given by the borrower to the Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. K Hema
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the plaintiff the outstanding loan amount with interest.
Evidence:
I.The defendant is directed to pay to the plaintiff, an amount of 4,47,572.62/- 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 her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff shall be at liberty to realise the amount from the defendant or her assets if payment is not made.
Evidence:
II.If the defendant do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant or her assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
III.Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
X press Credit Loan Application
Submitted By:
Plaintiff
Relevance:
Part of the evidence to establish the loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Letter outlining the terms of the loan arrangement.
Reference:
Ext.A3
Document Type:
Appraisal cum Sanction Report
Submitted By:
Plaintiff
Relevance:
Shows the bank's appraisal and sanctioning of the loan to the defendant.
Reference:
Ext.A4
Document Type:
Terms and Conditions of X press Credit insta top up loan
Submitted By:
Plaintiff
Relevance:
Terms that were part of the loan documentation (subject to proof).
Reference:
Ext.A5
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
Shows the transactional details of the loan and repayments.
Reference:
Ext.A6
Document Type:
Certificate u/s. 65 B of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate confirming the admissibility of the computer generated statement.
Reference:
Ext.A6(a)
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
Further transactional details of the loan and repayments.
Reference:
Ext.A7
Document Type:
Certificate u/s. 65 B of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Additional certificate confirming admissibility of another computer generated statement.
Reference:
Ext.A7(a)
Document Type:
Photo copy of the Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding dues.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the lawyer's notice.
Reference:
Ext.A9
Document Type:
Copy of Postal track consignment
Submitted By:
Plaintiff
Relevance:
Document evidencing the postal dispatch of the lawyer's notice (subject to proof).
Reference:
Ext.A10
Document Type:
Irrevocable standing instruction given by the borrower to the Bank
Submitted By:
Plaintiff
Relevance:
Instruction related to the loan repayment mechanism set by the defendant.
Reference:
Ext.A11
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 Mrs. Visala C.K regarding realization of money
Case Code Year
Case between State Bank of India vs Mrs. Visala C.K regarding realization of money