Bangalore District Court
The Federal Bank Ltd vs Chandil Kumar R on 28 June, 2025
KABC010244812024
IN THE COURT OF XXXI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU
Dated this the 28th day of June 2025
Present : SRI.VEDAMOORTHY B.S., B.A.(L)., LL.B.,
XXXI Addl. City Civil & Sessions Judge, Bengaluru (CCH-14)
O.S.No.6722/2024
PLAINTIFF : The Federal Bank Ltd.,
A Banking Company having its
Registered and Head Office at
Federal Towers, Aluve, Kerala - 683 101.
Represented by its Branch Manager at
Gandhi Nagar Branch,
The Federal Bank Ltd.,
# P.B.No.9981, No.24, 2nd Cross,
Gandhinagar, Bengaluru - 560 039.
(By Sri.B.S.Jeevan Kumar, Advocate)
V/s
DEFENDANT : Mr.Chandil Kumar,
Aged about 40 years,
S/o Sriramulu,
Residing at No.27,
Banda Colony, Geddalahalli,
Sanjay Nagar Post,
Bangalore - 560 094.
(Exparte)
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O.S.No.6722/2024
Date of institution of the suit. 19.09.2024
Nature of the suit Recovery of Money
Date of the commencement of 16.06.2025
recording evidence
Date on which the Judgment 28.06.2025
was pronounced
Years Months Days
Total duration
00 09 09
(VEDAMOORTHY B.S.)
XXXI Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit is filed by the plaintiff against the defendant
for recovery of money. The total claim amount in the suit is
Rs.8,35,719/-. The plaintiff has also claimed current and
future interest on the outstanding amount along with penal
interest @ 2% per annum and costs of the suit.
2. The brief facts of the case of the plaintiff are that the
defendant was an employee of the plaintiff Bank. He was
appointed as Bankman with effect from 18.10.2010. He
served to the plaintiff Bank from 18.10.2010. On the
3
O.S.No.6722/2024
allegation of misappropriation of money of the bank, he was
suspended from the service as disciplinary proceedings
were initiated against him. After domestic enquiry, vide
order dated 20.09.2022, the punishment of dismissal from
service was passed against the defendant. During his
tenure in the service, he availed (i) on 16.11.2019, personal
loan of Rs.1,85,000/- from the plaintiff under Loan Account
No.11895200039246, (ii) on 11.05.2021, OnLine Special
Loan of Rs.2.00 lakhs from the plaintiff under Loan
Account No.11895200040020, (iii) on 04.05.2020, personal
loan of Rs.2,15,000/- from St. Marks Road Branch under
Loan Account No.11045200061192 and (iv) on 25.06.2021,
vehicle loan of Rs.1.00 lakh from Hosakote Branch under
Loan Account No.15855200001659. Thus, the defendant
has availed total loan of Rs.7.00 lakhs from the plaintiff
Bank. The defendant agreed to repay the same together
with interest. The agreed rate of for personal loans and
Online Special loan is 15.67% per annum and for vehicle
loan 17% per annum. The defendant has also agreed to pay
penal interest at the rate of 2% per annum in case default
4
O.S.No.6722/2024
in payment of loan installments. The defendant has
executed necessary documents in favour of the plaintiff
Bank in that regard. When the defendant was in service
with the plaintiff Bank, the loan installments were deducted
from his salary account. After his dismissal from the
service, the defendant has not repaid the loan installments
as agreed even after several requests and demanded made
by the plaintiff. Therefore, the defendant became defaulter
in repayment of the loan amount as agreed. The last
payment of the defendant towards personal loans and
vehicle loan was 29.10.2021 and towards Online Special
loan was 27.08.2021. On 26.07.2023, 04.03.2024,
26.08.2024 and 11.09.2024, the plaintiff issued reminders
to the defendant to pay the outstanding loan amount to the
plaintiff. But, the defendant did not paid it. As on
18.09.2024, the defendant was due to pay to the plaintiff
Bank total sum of Rs.8,35,719/-. Hence, the plaintiff filed
this suit.
3. In spite of service of suit of summons to the defendant,
he did not appeared before this Court. Hence, he is placed
5
O.S.No.6722/2024
exparte.
4. To prove the case of the plaintiff, the authorized
signatory of the plaintiff Bank by name Lokesh N. has
produced his oral evidences as PW1. He has produced the
documentary evidences Ex.P1 to Ex.P29. Heard the
arguments of the learned Counsel for the plaintiff. Perused
the materials available on record.
5. The following points that have been arisen for
consideration;
1. Whether the plaintiff is entitled for the suit
claim ?
2. What order or decree?
6. My answers to the above points are as follows;
Point No.1 : In the Affirmative,
Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- The pleadings of the plaintiff are
remained undisputed by the defendant. Still, the burden is
upon the plaintiff to prove its case by producing the reliable
and cogent evidences. In that regard, the plaintiff has
6
O.S.No.6722/2024
produced the oral evidences of its authorized signatory by
name Lokesh N. as PW1. He filed his affidavit by way of
examination-in-chief. The oral evidences deposed by PW1 in
his affidavit filed by way of examination-in-chief are the
reiteration of the facts averred in plaint. In support of his oral
evidences, he has also produced the documentary evidences
Ex.P1 to Ex.P29. Among them, Ex.P1 is the self attested copy
of the General Power of Attorney, Ex.P2 is the Appointment
Order of the defendant, Ex.P3 is the Loan Application, Ex.P4
is the Loan Sanction Letter, Ex.P5 is the Recall Letter, Ex.P6
is the Postal Acknowledgment, Ex.P7 is copy of the Recall
Letter, Ex.P8 is the Unserved Postal Cover, Ex.P9 is the
Statement of Account, Ex.P10 is the Online Loan Application,
Ex.P11 is copy of Recall Letter, Ex.P12 is the Postal
Acknowledgment, Ex.P13 is copy of Recall Letter, Ex.P14 is
the Unserved Postal Cover, Ex.P15 is the Statement of
Account, Ex.P16 is the Loan Sanction Order, Ex.P17 is the
Statement of Account, Ex.P18 is the Online Loan Application,
Ex.P19 is the Loan Sanction Order, Ex.P20 is the Loan
Agreement, Ex.P21 is the copy of Recall Letter, Ex.P22 is the
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O.S.No.6722/2024
Postal Receipt, Ex.P23 is the copy of Recall Letter, Ex.P24 is
the Postal Receipt, Ex.P25 & 26 are the Statement of
Accounts, Ex.P27 is the copy of Punishment Order, and
Ex.P28 & 29 are the Certificates. These evidences produced
by the plaintiff are remained undisputed by the defendant.
8. On perusal of the above oral and documentary evidences
produced by the plaintiff, it appears that on 16.11.2019, the
defendant has borrowed personal loan of Rs.1,85,000/-; on
11.05.2021, the defendant borrowed Online Special Loan of
Rs.2.00 lakhs from the plaintiff Bank and on 04.05.2020, the
defendant borrowed personal loan of Rs.2,15,000/- from St.
Marks Road Branch. It further appears that the defendant
agreeing to repay the all above three loan amounts together
with interest at the rate of 15.67% p.a. It further appears that
on 25.06.2021, the defendant availed vehicle loan of Rs.1.00
lakh from Hoskote Branch and agreed to repay the same
together with interest at the rate of 17% p.a. It further
appears that the defendant has made payments of loan
installments of personal loans and vehicle loan till
29.10.2021 and Online Special Loan till 27.09.2021.
8
O.S.No.6722/2024
Thereafter, he has not repaid the loan installments as agreed
by him. If further appears that in respect of all the loan
accounts, the total outstanding from the 1 st defendant to the
plaintiff as on 18.09.2024 is Rs.8,35,719/-. Therefore, the
plaintiff is entitled for the suit claim. Hence, I answer Point
No.1 in the Affirmative.
9. POINT No.2 :- In view of the findings on Point No.1, the
suit of the plaintiff is liable to be decreed with costs. In the
result, I proceed to pass the following;
ORDERS
The suit of the plaintiff is hereby
decreed with costs.
The defendant is hereby directed to
pay a sum of Rs.8,35,719/- (Rupees Eight
Lakhs Thirty Five Thousand Seven
Hundred Nineteen Only) to the plaintiff
together with interest at the rate of
17.67% on the outstanding amount in
respect of the loan accounts
Nos.11895200040020, 11895200039246,
11045200061192 and 19% per annum on
the outstanding amount in the loan
account No.15855200001659 from
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O.S.No.6722/2024
19.09.2024 to till realization.
Draw the decree accordingly.
(Dictated to the stenographer, typed by her, printout taken,
corrected and then pronounced by me in the open court
today on this the 28th day of June 2025)
(VEDAMOORTHY.B.S)
XXXI Addl. City Civil & Sessions Judge,
Bengaluru.
ANNEXURE
List of witnesses examined for Plaintiff :-
PW1 : Lokesh N.
List of documents exhibited for Plaintiff :-
Ex.P1 : Copy of General Power of Attorney,
Ex.P2 : Appointment Order,
Ex.P3 : Loan Application,
Ex.P4 : Loan Sanction Letter,
Ex.P5 : Recall Letter,
Ex.P6 : Postal Acknowledgment,
Ex.P7 : Copy of Recall Letter,
Ex.P8 : Unserved Postal Cover,
Ex.P9 : Statement of Account,
Ex.P10 : Online Loan Application,
Ex.P11 : Copy of Recall Letter,
Ex.P12 : Postal Acknowledgment,
10
O.S.No.6722/2024Ex.P13 : Copy of Recall Letter,
Ex.P14 : Unserved Postal Cover,
Ex.P15 : Statement of Account,
Ex.P16 : Loan Sanction Order,
Ex.P17 : Statement of Account,
Ex.P18 : Online Loan Application,
Ex.P19 : Loan Sanction Order,
Ex.P20 : Loan Agreement Letter,
Ex.P21 : Copy of Recall Letter,
Ex.P22 : Postal Receipt,
Ex.P23 : Copy of Recall Letter,
Ex.P24 : Postal Receipt,
Ex.P25 & 26 : Statement of Accounts,
Ex.P27 : Copy of Punishment Order.
Ex.P28 & 29 : Certificates.
List of witnesses examined for the Defendant :-
NIL
List of documents exhibited for the Defendant :-
NIL
(VEDAMOORTHY.B.S)
XXXI Addl. City Civil & Sessions Judge,
Bengaluru.
Digitally signed
by
VEDAMOORTHY
VEDAMOORTHY B S
BS
Date:
2025.06.28
17:52:20 +0530
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