Bangalore District Court
The State Bank Of India Racpc vs Sharath Kumar S on 7 January, 2026
KABC010197442024
IN THE COURT OF THE VIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-15) AT BENGALURU
Dated this the 7th day of January, 2026.
PRESENT:
Smt. VANI A. SHETTY, B.A.L.,L.L.B.,
VIII Additional City Civil and Sessions Judge,
Bengaluru.
ORIGINAL SUIT No.5428/2024
PLAINTIFF : The State Bank of India
RACPC, Shankarppuram,
3 rd Floor, Bull Temple Road,
Basavanagudi,
Bengaluru-560064,
Represented by Chief Manager
Sudhakar.K, S/o.late Kalu,
Aged about 52 years,
(By Sri/Smt.Tejaswi.H.N-
Advocate)
-VERSUS-
DEFENDANTS : 1. Sri.Sharath Kumar.S,
S/o.Sri.M.C.Satish,
Aged about 28 years,
2. Sri.M.C.Satish,
S/o.Chikkanna,
Aged about 43 years,
Both are residing at No.56,
1st Main, 1st Cross,
Maruthi Nagar,
Bapuji Nagar,
Bengaluru- 560026.
(Ex-Parte)
- 2- O.S. No.5428/2024
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Date of filling No : 29-07-2024
Nature of the Suit (Suit on : Money suit.
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 4-12-2025
of recording of the evidence
Date on which the Judgment: 07-1-2026
was pronounced
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Year/s Month/s Day/s
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Total duration : 2 years, 3 months, 8 days
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(VANI A. SHETTY)
VIII Additional City Civil and Sessions Judge,
An&/- Bengaluru.
JUDGMENT
The plaintiff has filed the suit for recovery of a sum of Rs.3,36,651/- from the defendants together with interest at 16% p.a from the date of the suit till its realization.
2. The case of the plaintiff is that the defendants have availed a loan of Rs.3,85,000/- on 22.1.2020 under the education loan scheme and agreed to repay the said loan amount in 180 equated monthly installments of Rs.5,676/- with interest at the rate of Cont'd..
- 3- O.S. No.5428/2024 10.55% p.a and executed necessary documents in favour of the plaintiff. The defendants were irregular in the payment of the loan amount and they were liable to pay the balance amount of Rs.3,26,651/-. The plaintiff bank got issued legal notice dated 30.5.2024, but the defendants have failed to repay the loan amount. Hence, this suit.
3. On service of summons, the defendant Nos.1 and 2 have not appeared before the Court and hence, they were placed ex-parte.
4. In order to prove the case, the Manager of the plaintiff bank got examined himself as P.W.1 and got marked Exs.P.1 to P.11 documents.
5. Heard the argument.
6. The following points arise for my consideration:-
(1)Whether the plaintiff bank has proved that the defendants have availed the loan of Rs.3,85,000/- on 22.1.2020 from the plaintiff bank?
(2) Whether the plaintiff bank is entitled for the suit claim of Rs.3,36,651/- along with interest at the rate of 16% Cont'd..
- 4- O.S. No.5428/2024 p.a from the date of the suit till its realization?
(3) What order or decree?
7. My answers to the above points are:-
Point No.1 - Affirmative;
Point No.2 - Partly in the Affirmative;
Point No.3 - As per final order, for the following:-
REASONS
8. Point No.1: As per the case of the plaintiff, the defendants have availed a loan of Rs.3,85,000/- on 22.1.2020 under education loan scheme and agreed for the terms of the loan and executed necessary documents. The defendants have failed to repay the loan amount and hence, the plaintiff has instituted the suit.
9. The Manager of the plaintiff bank got examined himself as PW.1 and reiterated the plaint averments. The plaintiff bank has produced the loan application submitted by the defendants as per Ex.P.1. The arrangement letter dated 22.1.2020 is produced at Ex.P.2. The loan agreement dated 22.1.2020 is Cont'd..
- 5- O.S. No.5428/2024 produced at Ex.P.3. It shows that the defendants have availed loan of Rs.3,85,000/-. The signatures of the defendants in Ex.P.3 remained undisputed. Ex.P.4 is the letter dated 30.1.2020 which reveals the sanction of education loan of Rs.3,85,000/- to the defendants. The legal notice dated 30.5.2024 is produced at Ex.P.5. Exs.P.6 and 7 are the postal receipts evidencing issuance of legal notice to the defendants. Exs.P.8 and 9 are the returned postal covers. The positive evidence led by PW.1 and the documents produced by the plaintiff remained undisputed and uncontroverted. Therefore, I am constrained to hold that the defendants have availed a loan of Rs.3,85,000/- on 22.1.2020 from the plaintiff bank and executed necessary documents. Hence, the point No.1 is answered in the affirmative.
10. Point No.2: The plaintiff is claiming a sum of Rs.3,36,651/- along with interest at the rate of 16% p.a from the date of the suit till its realization. The loan account statement is produced at Ex.P.10 which reveals that the defendants are due to pay a sum of Rs.3,26,651/- as on 18.5.2024. The evidence led in this regard remained undisputed. The plaintiff bank is Cont'd..
- 6- O.S. No.5428/2024 claiming interest at the rate of 16% p.a. Admittedly, the loan was obtained for the education purpose. Therefore, the interest claimed by the plaintiff bank appears to be excessive and exorbitant. Hence, the defendants are directed to pay jointly and severally a sum of Rs.3,36,651/- with interest at the rate of 6% p.a from the date of the suit till its realization. Accordingly, the point No.2 is answered partly in the affirmative.
11. Point No.3: In view of answers given to the point Nos.1 and 2 as above, the following order is passed:-
ORDER The suit is decreed in part with costs.
The defendants are directed to pay jointly and severally a sum of Rs.3,36,651/- with interest at the rate of 6% p.a from the date of the suit till its realization.
Draw decree accordingly. [Dictated to Stenographer Grade-I, transcribed by her, revised by me and after corrections, pronounced in open Court on this the 7 th day of January, 2026.] (VANI A. SHETTY) VIII Additional City Civil and Sessions Judge, vs/- Bengaluru.
Cont'd..
- 7- O.S. No.5428/2024
ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Examined on:
P.W.1 : Sri.Rakesh Kumar 4-12-2025
2. DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Loan application Ex.P.2 : Arrangement letter Ex.P.3 : Loan agreement Ex.P.4 : Letter dated 30.1.2020 Ex.P.5 : Office copy of legal notice Exs.P.6 &7 : Postal receipts Exs.P.8 &9 : Postal covers Ex.P.10 : Statement of account Ex.P.11 : Certificate u/s 63(4) of BSA
3. WITNESS EXAMINED FOR THE DEFENDANTS:
Nil.
4.DOCUMENT MARKED ON BEHALF OF DEFENDANTS:
Nil.
(VANI A. SHETTY) VIII Additional City Civil and Sessions Judge, vs/- Bengaluru.Digitally signed
VANI A by VANI A
SHETTY
SHETTY Date: 2026.01.09
16:59:41 +0530
Cont'd..