Case Summary
The plaintiff is State Bank of India, a banking concern, which claims that the defendant, Viswanath D. P, was a guarantor for a loan availed by a deceased customer, Ponnamma AG. The defendant failed to make repayment, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹3,70,523 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, with the defendant ordered to pay a total of ₹3,70,523 along with interest at the rate of 6% per annum from the date of filing till realization.
Why Plaintiff Won:
The plaintiff's claim was supported by uncontested evidence.
The plaintiff's claim was supported by uncontested evidence.
Losing Side's Weaknesses:
The plaintiff's claim was supported by uncontested evidence.
The plaintiff's claim was supported by 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: The defendant is directed to pay to the plaintiff, an amount of ₹3,70,523 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Viswanath D. P
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
A1 04.09.2018 Application Form, A2 04.09.2018 Sanction Letter, A3 04.09.2018 Arrangement Letter, A4 04.09.2018 Operation Letter, A5 04.09.2018 Demand Promissory Note, A6 23.01.2023 Office Copy of Lawyer Notice, A7 -- Computer print out of Statement of Account.
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 3,70,523/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 3,70,523/- (Rupees three lakhs seventy thousand five hundred and twenty three only) with interest at the rate of 6% per annum.
Relief Type:
Costs
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:
Application Form
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the loan agreement with the guarantor.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the loan agreement with the guarantor.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the loan agreement with the guarantor.
Reference:
Ext.A3
Document Type:
Operation letter
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the loan agreement with the guarantor.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the loan agreement with the guarantor.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to show communication regarding the loan repayment.
Reference:
Ext.A6
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to demonstrate the amount owed by the defendant.
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 Viswanath D. P regarding realisation of money.
Case Code Year
Case between State Bank of India vs Viswanath D. P regarding realisation of money.