Case Summary
The plaintiff, State Bank of India, seeks to recover a loan amount from the defendant, Mukundan K.T., who defaulted on the repayment. The case involves the enforcement of a personal loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.1,28,136/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest. Costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff established the defendant's default based on unrebutted evidence and documentary proofs.
The plaintiff established the defendant's default based on unrebutted evidence and documentary proofs.
Losing Side's Weaknesses:
The plaintiff established the defendant's default based on unrebutted evidence and documentary proofs.
The plaintiff established the defendant's default based on unrebutted evidence and documentary proofs.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A7 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.1,28,136/- together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mukundan K.T
- Relation
- S/o
Plaintiffs Documents
Application form for bank finance, Sanction letter, The DPN and Delivery letter, Statement of account, Office copy of the lawyer notice, Certificate under banks book evidence act.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manzoor Ali. K.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.1,28,136 with interest.
Evidence:
The plaintiff bank is entitled to recover the said total amount due with future interest at 12.1% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff bank is also entitled to get 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:
Application form for bank finance under personal segment
Submitted By:
Plaintiff
Relevance:
This document was relevant as it was part of the proof of the loan application.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document outlined the details of the loan agreement and the terms.
Reference:
Ext.A2
Document Type:
DPN and Delivery letter
Submitted By:
Plaintiff
Relevance:
This document was executed by the defendants agreeing to the loan terms.
Reference:
Ext.A3
Document Type:
Computer printout of the statement of account from 10.08.2016 to 25.09.2023
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the loan repayments and outstanding amounts.
Reference:
Ext.A4
Document Type:
Statement of account showing unapplied interest
Submitted By:
Plaintiff
Relevance:
This document was relevant to demonstrate the interest charges on the loan.
Reference:
Ext.A5
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that a notice was sent to the defendants regarding payment defaults.
Reference:
Ext.A6
Document Type:
Certificate under banks book evidence act
Submitted By:
Plaintiff
Relevance:
This document served as evidence of the bank's accounting for the loan.
Reference:
Ext.A7
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 Mukundan K.T regarding realisation of money
Case Code Year
Case between State Bank of India vs Mukundan K.T regarding realisation of money