Case Summary
The plaintiff, State Bank of India, is seeking to recover money from the defendant, Sri. Sajith K, for a loan that the defendant failed to repay. The defendant had availed a loan amounting to Rs. 2,00,000 and has not made the required payments despite multiple reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 2,18,919/- from the defendant along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, entitling them to recover the amount due from the defendant, along with interest and costs.
Why Plaintiff Won:
The plaintiff established the case through unrebutted oral testimony and evidence that was accepted by the court.
The plaintiff established the case through unrebutted oral testimony and evidence that was accepted by the court.
Losing Side's Weaknesses:
The plaintiff established the case through unrebutted oral testimony and evidence that was accepted by the court.
The plaintiff established the case through unrebutted oral testimony and evidence that was accepted by the court.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7, A9 and A10 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; Plaintiff is entitled to realize an amount of Rs.2,18,919/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Sri. Sajith K
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Original Xpress Credit Loan application form, Sanction letter, Arrangement letter, Personal loan agreement, Operation letter, SI report, Copy of legal notice, Acknowledgment card, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Siva Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dolly Francis
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover the amount owed.
Evidence:
Plaintiff is entitled to realize an amount of Rs.2,18,919/- (Rupees Two Lakhs Eighteen Thousand Nine Hundred and Nineteen only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest on the amount owed from the date of suit to date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,18,919/- (Rupees Two Lakhs Eighteen Thousand Nine Hundred and Nineteen only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest on the amount owed from the date of decree to date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,18,919/- (Rupees Two Lakhs Eighteen Thousand Nine Hundred and Nineteen only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Xpress Credit Loan application form
Submitted By:
Plaintiff
Relevance:
Established the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Outlined the terms under which the loan was sanctioned.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Provided details on the loan arrangement.
Reference:
Ext.A3
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Documented the agreement regarding the disbursement of the loan.
Reference:
Ext.A4
Document Type:
Operation letter
Submitted By:
Plaintiff
Relevance:
Provided operational details regarding the loan account.
Reference:
Ext.A5
Document Type:
SI report
Submitted By:
Plaintiff
Relevance:
Supported the plaintiff's claims regarding the loan status.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Showed that the defendant was notified of the dues.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Indicated receipt of the legal notice by the defendant.
Reference:
Ext.A9
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Provided the current dues owed by the defendant.
Reference:
Ext.A10
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 Sri. Sajith K regarding realization of money
Case Code Year
Case between State Bank of India vs Sri. Sajith K regarding realization of money