Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, Suneer.A, for the recovery of a loan amount. The defendant defaulted on repayments despite receiving multiple reminders and legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.4,01,346.40 with interest at the rate of 15.65% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, entitling them to the recovery of the loan amount along with interest. The suit was decreed with costs.
Why Plaintiff Won:
Plaintiff provided sufficient evidence of loan agreement and the outstanding amount.
Plaintiff provided sufficient evidence of loan agreement and the outstanding amount.
Losing Side's Weaknesses:
Plaintiff provided sufficient evidence of loan agreement and the outstanding amount.
Plaintiff provided sufficient evidence of loan agreement and the outstanding amount.
Supporting Evidence
The deposition of PW1 coupled with Ext. A1 to A6 documents would prove the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.4,01,346.40/- (Rupees Four Lakhs One Thousand Three Hundred and Forty Six and Forty Paise only) with interest at the rate of of 15.65% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- G.Girish
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suneer.A
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
A1 03-03-2017 Sanction Letter, A2 03-03-2017 Agreement cum deed of Hypothecation, A3 01-01-2020 Legal Notice, A4 Series01-01-2020 Postal Receipts, A5 Returned Envelope, A6 27-02-2020 Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Udayabhanu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babida.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of the loan amount with interest.
Evidence:
The plaintiff is entitled to realize an amount of Rs. 4,01,346.40 with interest at the rate of 15.65% per annum compounded monthly rests from the date of suit till realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff requested costs associated with the suit.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Proves that the defendant availed a loan of Rs. 2,50,000 from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Shows the terms under which the loan was granted and agreed repayment conditions.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demands repayment of the outstanding loan amount.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Demonstrates the sending of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Indicates that the legal notice was returned, showing the defendant's non-compliance.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details the outstanding loan amount of Rs. 4,01,346.40 in the defendant's loan account.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Suneer.A regarding Realisation of Money
Case Code Year
Case between State Bank of India vs Suneer.A regarding Realisation of Money