Bangalore District Court
The State Bank Of India Kumara Park … vs Pramod Kumar M on 28 June, 2025
1 O.S.No.1552/2025
KABC010055732025
Digitally
signed by
SHIVANAND
SHIVANAND MARUTI
MARUTI JIPARE
JIPARE Date:
2025.06.28
17:53:03
+0530
Presented on : 01-03-2025
Registered on : 01-03-2025
Decided on : 28-06-2025
Duration : 00 years, 03 months, 27 days
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF LXXV ADDL. CITY CIVIL AND
SESSIONS JUDGE, (CCH.76) AT: BENGALURU
PRESENT: Sri. SHIVANAND MARUTI JIPARE,
B.A., LL.B. (Spl.)
LXXV Addl. City Civil and Sessions Judge,
Bengaluru
Dated this the 28th day of June, 2025
ORIGINAL SUIT No.1552/2025
PLAINTIFF: The State Bank Of India,
Kumar Park Branch (1626)
No.159, 1st Main Road,
Near Bhimas Hotel,
Sheshadripuram,
Bengaluru-560020.
Represented by its
Manager,
Mr.Laxminarayana Meruga.
(By Sri.J.Sathish Kumar., Advocate.)
:VERSUS:
2 O.S.No.1552/2025
DEFENDANT: Mr. Pramod Kumar M.,
S/o. Munegowda,
Aged about 29 years,
R/at. Madagondanahalli,
Kodigehalli Doddaballapur,
Bengaluru Rural,
Bengaluru-561203.
(Defendant - Exparte.)
**********
Date of Institution of the suit 01.03.2025
Suit for Recovery of
Nature of the suit
Money
Date of commencement of
28.04.2025
recording of evidence
Date on which the Judgment
was pronounced 28.06.2025
Total Duration Years Months Days
00 03 27
Digitally
signed by
SHIVANAND
SHIVANAND MARUTI
MARUTI JIPARE
JIPARE Date:
2025.06.28
17:53:11
+0530
(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU.
3 O.S.No.1552/2025
JUDGMENT
The plaintiff Bank filed this suit against the
defendant seeking the relief of recovery of loan amount
of Rs.14,94,925/- along with interest @ 14% p.a, till the
date of realization, with costs.
2. The brief facts averred in the plaint are as
follows:
The plaintiff is a Corporate Body constituted under
State Bank of India Act, 1955 and having its Corporate
Office at Madam Cama Road, Mumbai and its local Head
Office at St.Marks Road, Bengaluru-560001 and having
one of the Branch/office called the State Bank of India,
having one of the branches at Kumara Park Branch,
Bengaluru-20, represented by its Branch Manager, who is
authorized to file the suit in terms of Regulations 76 and
77 of the State Bank of India General Regulations, 1955.
The plaintiff contends that, the defendant as borrower
had approached for a personal loan under the scheme of
MC-TL-Xpress CREDIT ELITE facility, then he applied the
loan on 13.02.2023 and the Bank had sanctioned a
4 O.S.No.1552/2025
personal loan of Rs.15,00,000/-. The loan was repayable
on demand with cost and interest on the loan will be
charged at 12.15% per annum on daily reducing balance
at monthly rests which is 4.15% above the two years
marginal cost of lending rate which is present 8.50% per
annum. The rate of interest viz. 12.15% will be valid for
the entire tenor of the loan. In the event of default in
payment of an installment or any irregularity in the loan
account, penal interest at the rate of per month over the
stipulated interest rate with monthly rests will be charged
for the irregular amount and overdue period. The said
personal loan was repayable with cost and interest at
12.15% per annum calculated on daily products with
monthly rests in 72 monthly installments of Rs.29,443/-
each. The defendant had accepted the terms and
conditions of loans and in token thereof have signed the
arrangement letter dated: 13.02.2023 and executed
personal loan agreement dated 13.02.2023 along with
Demand Promissory Note Delivery letter while availing
the loan sanctioned by the Bank. But the defendant has
5 O.S.No.1552/2025
committed serious irregularity and did not repay the
stipulated installments. Due to the persistent irregularity,
the loan account of the defendant has become Non-
Performing Assets. In accordance with the Income
Recognition and Asset Classification norms of the RBI, the
Bank has not debited interest to the loan account. The
defendant is liable to pay outstanding loan amount of
Rs.14,94,925/-, as on 07.10.2024, with interest. In spite
of the repeated demands made by the plaintiff, the
defendant did not evoke proper response. As the
defendant failed to regularize or to close the loan account
inspite of several reminders, the plaintiff was constrained
to initiate legal proceedings. Hence, the plaintiff has filed
the present suit for recovery of money of Rs.14,94,925/-.
The cause of action for the suit is arisen on 13.02.2023
and 24.07.2023. Hence, this suit.
3. In pursuance of suit summons, the defendant is
remained absent and hence, the defendant is placed
exparte.
6 O.S.No.1552/2025
4. In support of the case, the Manager of plaintiff-
Bank by name Laxminarayana Meruga is examined as
P.W.1 and got marked the documents at Ex.P.1 to Ex.P.9
and closed its evidence.
5. Heard the arguments and perused the materials
on record.
6. On the basis of above pleadings, following Points
arise for my consideration:
POINTS
1. Whether the plaintiff Bank proves that defendant
has availed the loan of Rs.15,00,000/- on
13.02.2023 as contended in the plaint?
2. Whether the plaintiff Bank proves that defendant is
liable to pay the outstanding loan amount of
Rs.14,94,925/- with interest @ 14% p.a as
contended in the plaint?
3. Whether the plaintiff Bank is entitled for reliefs as
sought?
4. What order or decree?
7 O.S.No.1552/2025
7. My findings on the above Points are as under:
Point No.1 : In the Affirmative.
Point No.2 : Partly in the Affirmative.
Point No.3 : Partly in the Affirmative.
Point No.4 : As per final order
for the following:
REASONS
8. POINT NO.1: The plaintiff - Bank has
asserted that, the defendant has applied for the loan on
13.02.2023 and the Bank had sanctioned a personal loan
of Rs.15,00,000/- on 13.02.2023. The said personal loan
was repayable with costs and interest at 12.15% per
annum calculated on daily products with monthly rests in
72 monthly installments of Rs.29,443/- each. But the
defendant committed serious irregularity and did not
repay the stipulated installments. Due to the persistent
irregularity, the loan account of the defendant has
become Non-Performing Assets. The defendant is liable
to pay outstanding loan amount of Rs.14,94,925/-, as on
07.10.2024, with interest. In spite of the repeated
8 O.S.No.1552/2025
demands made by the plaintiff, the defendant did not
evoke proper response.
9. The defendant has been placed exparte in this
case.
10. In order to substantiate the contention, the
Manager of plaintiff- Bank by name Sri.Laxminarayna
Meruga has filed an affidavit as examination- in-chief and
he is examined as P.W.1. The P.W.1 has reiterated the
contents of plaint.
11. The plaintiff has relied on documentary
evidence at Ex.P.1 to Ex.P.9.
12. The plaintiff has relied on Ex.P.1- Authorization
letter issued by State Bank of India, Ex.P.2 – Loan
application dated: 13.02.2023, Ex.P.3 – Personal loan
agreement dated: 13.02.2023, Ex.P.4 – Loan arrangement
letter dated: 13.02.2023, Ex.P.5 – Legal Notice issued by
the plaintiff Bank dated: 07.10.2024, Ex.P.6 – Postal
receipt, Ex.P.7 – Postal acknowledgment, Ex.P.8 – Ledger
9 O.S.No.1552/2025
extract of State Bank of India and Ex.P.9 – Certificate
under Section 2A(b) and 2A(c) of the Bankers Books
Evidence Act, 1891.
13. On perusal of Ex.P.3 which shows that the
plaintiff has sanctioned personal loan of Rs.15,00,000/- to
the defendant on 13.02.2023. In this case, the defendant
is placed exparte. Hence, the evidence of P.W.1 is
remained unchallenged. The plaintiff Bank has proved
that the defendant has availed the loan of Rs.15,00,000/-
on 13.02.2023. Hence, I answer Point No.1 in the
Affirmative.
14. POINT NO.2: The plaintiff-Bank has contended
that, the defendant is liable to pay the suit amount along
with interest at the rate of 14% p.a. till date of realization
of said amount. Further, the plaintiff has contended that
the loan was repayable on demand with cost and interest
on the loan will be charged at 12.15% per annum on daily
reducing balance at monthly rests which is 4.15% above
the two years marginal cost of lending rate which is
10 O.S.No.1552/2025
present 8.50% per annum and the rate of interest viz.
12.15% will be valid for the entire tenor of the loan. The
defendant is placed as exparte in this case. On perusal of
Ex.P.3 and Ex.P.4, the defendant has agreed to pay
interest at the rate of 12.15% p.a along with suit claim
amount. Hence, the plaintiff-Bank has proved that the
defendant is liable to pay the interest at the rate of
12.15% p.a. along with suit claim amount. Accordingly, I
answer Point No.2 partly in the Affirmative.
15. POINT NO.3: By considering the entire
evidence of P.W.1 and documents, it demonstrates that
the plaintiff Bank has sanctioned the loan based on the
application submitted by the defendant as per Ex.P.2.
Further, the plaintiff has proved the proof of documents
as contemplated under Section 4 of the Banker’s Books
Evidence Act, 1891. The suit filed is in time. The plaintiff
Bank has proved that the defendant has availed the loan
of Rs.15,00,000/- on 13.02.2023. The plaintiff-Bank has
proved that the defendant is liable to pay the interest at
11 O.S.No.1552/2025
the rate of 12.15% p.a. along with suit claim amount.
Accordingly, I answer Point No.3 partly in the
Affirmative.
16. POINT NO.4: In the result, I proceed to pass
the following:
ORDER
The suit of the plaintiff is
partly decreed with costs.
The defendant shall pay the
suit claim amount of
Rs.14,94,925/- along with
interest at the rate of 12.15%
P.A., from the date of suit till
realization of the amount.
Draw a decree accordingly.
(Dictated to the Typist directly on computer online, typed by him
corrected by me and then pronounced in the open Court on this the
28th day of June, 2025)
Digitally
signed by
SHIVANAND
SHIVANAND MARUTI
MARUTI JIPARE
JIPARE Date:
2025.06.28
17:53:22
+0530(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU.
12 O.S.No.1552/2025
ANNEXURE
LIST OF WITNESSES EXAMINED FOR PLAINTIFF:
P.W.1 : Sri. Laxminarayana Meruga.
LIST OF DOCUMENTS MARKED FOR PLAINTIFF:
Ex.P.1 : Authorization letter issued by State Bank
of India.
Ex.P.2 : Loan application dated: 13.02.2023.
Ex.P.3 : Personal loan agreement
dated: 13.02.2023.
Ex.P.4 : Loan arrangement letter
dated: 13.02.2023.
Ex.P.5 : Legal Notice issued by the plaintiff
Bank dated: 07.10.2024.
Ex.P.6 : Postal receipt.
Ex.P.7 : Postal acknowledgment.
Ex.P.8 : Ledger extract of State Bank of India.
Ex.P.9 : Certificate under Section 2A(b) and 2A(c)
of the Bankers Books Evidence Act, 1891.
13 O.S.No.1552/2025
LIST OF WITNESSES EXAMINED FOR DEFENDANT:
– NIL –
LIST OF DOCUMENTS MARKED FOR DEFENDANT:
– NIL –
Digitally
signed by
SHIVANAND
SHIVANAND MARUTI
MARUTI JIPARE
JIPARE Date:
2025.06.28
17:53:33
+0530
(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU.