Case Summary
This case involves the State Bank of India, which is seeking to recover money from Sri. Thomas Kuriakose for an outstanding loan. The defendant failed to appear in court, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹3,85,211 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay ₹3,85,211 with interest. The plaintiff is entitled to recover the amount along with costs.
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
From the uncontested evidence of the PW1, 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 3,85,211/- (Rupees three lakh eighty five thousand two hundred and eleven 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
- Party Role
- Defendant
- Party Name
- Sri. Thomas Kuriakose
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
25.04.2019X press Credit Loan Application Form, 30.04.2019Sanction Letter, 30.04.2019Arrangement Letter, 30.04.2019Personal Loan Agreement, 30.04.2019Operations Letter, 30.04.2019S.I Report, 30.04.2019Key Fact Statement, 20.11.2019True copy of Final Recall Notice, 23.01.2023True copy of Letter, 24.02.2023Office copy of Lawyer Notice, 19.10.2023Computer print out of Account Statement (Subject to proof)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Sivakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dolly Francis
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of 3,85,211/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 3,85,211/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff can realise the amount from the defendant or assets if not paid.
Evidence:
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 from assets of defendant.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
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:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Document relates to the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document is the sanction letter for the loan availed by the defendant.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document outlines the arrangement details related to the loan.
Reference:
Ext.A3
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document is the agreement for the personal loan taken by the defendant.
Reference:
Ext.A4
Document Type:
Operations Letter
Submitted By:
Plaintiff
Relevance:
Document details operations related to the loan.
Reference:
Ext.A5
Document Type:
S.I Report
Submitted By:
Plaintiff
Relevance:
Document reports on the subject interest related to the loan.
Reference:
Ext.A6
Document Type:
Personal Assets and Liabilities Statement
Submitted By:
Plaintiff
Relevance:
Document details the financial status of the defendant.
Reference:
Ext.A7
Document Type:
Key Fact Statement
Submitted By:
Plaintiff
Relevance:
Document outlines key facts pertaining to the loan.
Reference:
Ext.A8
Document Type:
True copy of Final Recall Notice
Submitted By:
Plaintiff
Relevance:
Document is a recall notice sent regarding the loan.
Reference:
Ext.A9
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Document evidences communication related to the loan.
Reference:
Ext.A10
Document Type:
True copy of letter
Submitted By:
Plaintiff
Relevance:
Document includes a letter relevant to the loan matter.
Reference:
Ext.A11
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Document is a lawyer's notice sent to the defendant.
Reference:
Ext.A12
Document Type:
Computer print out of Account Statement
Submitted By:
Plaintiff
Relevance:
Document is an account statement relevant to the loan, marked subject to proof.
Reference:
Ext.A13
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 Sri. Thomas Kuriakose regarding realisation of loan amount.
Case Code Year
Case between State Bank of India vs Sri. Thomas Kuriakose regarding realisation of loan amount.