1

IN THE COURT OF DISTRICT MUNSIF AT POLUR

O.S.NO: /2023
The State Bank of India
Polur ADB Branch-represented by its
Branch Manager Plaintiff

-V/S-

E.Thirumurugan Defendant

PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER SEC 26, ORDER

VII, RULE I R/W.SEC. 151 OF CIVIL PROCEDURE CODE;
1.PLAINTIFF:-

The State Bank of India, Polur ADB Branch-rep by its

Branch Manager, Polur; Branch having his office
at Polur Town & Taluk, Tiruvannamalai District.

The address for the service of the plaintiff is as above

as well as at the care of it’s Counsel Thiru.G.Aristatil,
B.A,B.L, at No.l, Old Hospital Street, Polur Town,
Tiruvannamalai District.
2.DEFENDANT:-

E.Thirumurugan aged-34 years S/O.Elumalai Hindu,

residing at No.173, Ward No.1, Savadi Street,
Aniyalai Village, Kalasapakkam Taluk, Tiruvannamalai
District.

3. The plaintiff herein is a statutory Banking Corporation,

incorporated under the State Bank of India Act 23 of l955 and
carries on the business of banking through it’s Branches at
various places and one such branch is situating at Polur Town
and is represented by it’s Branch Manager, who is competent to
sign, verify, execute this plaint under Regulations 76 & 77 of
the State Bank of India General Regulations 1955 which are
statutory.
 2

4. The plaintiff transacts all types of banking business at

the plaintiff branch. The defendant approached the plaintiff
bank and requested a loan for KCC Sugarcane for Rs.90,000/-
for augmenting the commercial agricultural income. After
careful scrutiny of the defendant application dated
02.05.2016, the plaintiff bank acceded to grant the loan to
the defendant. The defendant offered to repay the loan
together with interest at 7.00% raising or falling with State
Bank of India advance rate with 60 months’ rests. The
defendant also agreed to pay other charges that may be became
due. The plaintiff considered the offer of the defendant and
agreed to grant the loan of Rs.90,000/-. In consideration of
the plaintiff agreeing to grant the loan as aforesaid as a
security for the loan the defendant executed a Hypothecation
Agreement dated 02.05.2016. It is filed herewith. The above
documents may be created and referred as part and parcel of
this plaint.

5. The plaintiff submits that it was agreed that the loan is

repayable in installments and if one installment is defaulted
the plaintiff can its absolute discretion call for the entire
dues. The rate of interest was agreed at 7.00% pa with the
half yearly rests or at such rates as may be prescribed from
time to time by the State Bank of India as per Reserve Bank
guidelines.

6. The Plaintiff states that the defendant opened an account

with the plaintiff bank and operated the same under A/c No.
35742684384. But, he has not repaid the dues to the plaintiff
bank as originally stipulated. So, the bank as issued legal
notice through it’s counsel on 28.12.2022. The said notice was
duly served defendant Acknowledgement card on 29.11.2022. The
plaintiff files herewith a copy of the legal notice dated
28.12.2022.
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7. The plaintiff further states that the defendant, however,

revived his loan account and executed a Revival Letter in
favour of the plaintiff bank on 02.04.2019, 23.12.2022. The
plaintiff files herewith the said revival letter and prays to
treat the same as part and parcel of this plaint. The
defendant has been wrongfully failing and totally neglecting
to clear the dues the plaintiff bank.

8. The plaintiff state that a sum of Rs.90,000/- for

35742684384 loan account as on 01.01.2020 are found due as per
the ledger accounts respectively. The plaintiff is annexing a
copy of the statement of the accounts for each account as per
the banker’s book evidence act to evidence the amount due to
the plaintiff. Subsequent interest from 28.12.2022 for
35742684384 is also due and claimed in this plaint.

9. The plaintiff states the defendant has been wrongfully

failing and totally neglecting to clear the dues the plaintiff
bank. The defendant has not chosen to give any explanation for
his default even after receipt of lawyer notice. Hence, the
plaintiff is left with no other option except to file this
suit for the recovery of due from the defendant.

10. The rate of interest is charges as per the directions of

the Reserve Bank of India. The present rate of interest
applicable for the loans is 14%.

11. The plaintiff values the suit for the purposes of Court
fees and jurisdiction at Rs.86,663.00 and pays Court fees of
Rs. 2,770.00 is affixed under 22 of TN CF Act of 1955.

12. The cause of action for this suit arose when the defendant
applied for loan of Rs.90,000/- to KCC Sugarcane; when the
defendant executed an Hypothecation Agreement in favour of the
plaintiff bank; for Rs.90,000/- in favour of plaintiff bank
agreeing to repay the principal amount with the interest @
 4

7.00% per annum, when the plaintiff opened an account with the
plaintiff bank and operated under Account No.35742684384. When
the defendant failed to repay the loan amount as stipulated
when a lawyer notice was issued on behalf of the plaintiff
bank to the defendant; on 28.12.2022 and Served Postal
acknowledgement card on 30.12.2022 sent by the plaintiff Bank
all subsequent days at Polur where the loan was sanctioned,
where the transactions took place and at Polur where the
defendant resides within the jurisdiction of this Hon’ble
Court.

13. The plaintiff bank therefore prays that this honorable

court maybe pleased to pass a decree and judgment in favour of
the plaintiff bank.

a. directing the defendant to pay the plaintiff bank the

suit amount of Rs.92,335.00 together with future
interest at the rate of 14% respectively
b. directing the defendant to pay the plaintiff, the
cost of the suit; and
c. granting such other relief as deemed fit and proper
in the circumstances of the suit.

ADVOCATE FOR THE PLAINTIFF PLAINTIFF

I, the Branch Manager, State Bank of India; Polur ADB
Branch do hereby solemnly state and sincerely affirm that the
facts stated above are all true and correct to the best of my
knowledge and belief and I sign this verification at Polur on
this 05th day of December month, 2022.

PLAINT
IFF
PARTICULARS OF VALUATION
The plaintiff files the suit for recovery of debts on the foot
of an agreement of hypothecation the dated 13.05.2016 from the
defendant with contractual rate of interest and with the
costs.
 5

Amount advanced .. .. Rs. 90,000.00

Amount due as per ledger extract
as on 08.07.2019 Rs. 38,942.00
Further interest from 09.07.2019
till 05.08.2021 @ 14% per annum.
(Per Day Rs.35.55 × 85 Days) Rs. 3,022.00
Total Suit amount Rs. 95,718.00
Court fees payable under Sec. 22
of Act 15 of 1955 as against total suit
amount. .. .. Rs. 2,872.00

ADVOCATE FOR THE PLAINTIFF PLAINTIFF

I, the Branch Manager, State Bank of India; Polur ADB
Branch do hereby solemnly state and sincerely affirm that the
facts stated above are all true and correct to the best of my
knowledge and belief and I sign this verification at Polur on
this 05th day of January month, 2023.

PLAINT
IFF
LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF
UNDER ORDER VII, RULE 14 (1) OF THE C.P.C.
1. 02.05.2016 Application of the defendant for loan.
2. Agreement of Hypothecation executed by
the defendant in favour of the plaintiff
bank for Rs.90,000/- A/c No.35742684384.
3. Letter Of Arrangement executed by the
defendant reviving his A/c No.35742684384.
4. 02.04.2019 Revival Letter executed by the defendant
reviving his A/c No.35742684384.
5. 23.12.2022 Revival Letter executed by the defendant
reviving his A/c No.35742684384.
6. 28.12.2022 Office Copy of the legal notice issued to
the defendant by the plaintiff’s Counsel.
7. 30.12.2022 Served Postal acknowledgement card sent by
the plaintiff Bank
8. True copy of the ledger extract of A/c.
No.35742684384.
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LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF

UNDER ORDER VII, RULE 14 (2)OF THE C.P.C.

Nil at present

ADVOCATE FOR THE PLAINTIFF

REGISTERED ADDRESS OF THE PARTIES FILED ON BEHALF OF
THE PLAINTIFF UNDER ORDER VIII,RULE 14(A) OF THE
C.P.C.
1.PLAINTIFF:-

The State Bank of India, Polur ADB Branch-rep by its

Branch Manager, Polur; Branch having his office
at Polur Town & Taluk, Tiruvannamalai District.

The address for the service of the plaintiff is as above

as well as at the care of it’s Counsel Thiru.G.Aristatil,
B.A,B.L, at No.l, Old Hospital Street, Polur Town,
Tiruvannamalai District.
2.DEFENDANT:-

E.Thirumurugan aged years S/O.Elumalai

Hindu, residing at No.173, Ward-1, Savadi
Street, Aniyalai Village, Padagam Post,
Kalasapakkam Taluk-606904

ADVOCATE FOR THE PLAINTIFF PLAINTIFF

I, the Branch Manager, State Bank of India; Polur ADB
Branch do hereby solemnly state and sincerely affirm that the
facts stated above are all true and correct to the best of my
knowledge and belief and I sign this verification at Polur on
this 05th day of January month, 2023.

PLAINT
IFF
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IN THE COURT OF DISTRICT MUNSIF COURT, POLUR

O.S.NO: /2023
The State Bank of India
Polur ADB Branch-represented by its
Branch Manager Plaintiff

-V/S-

E.Thirumurugan Defendant

AFFIDAVIT FILED ON BEHALF OF PLAINTIFF

I, the branch manager of
the State Bank of India, Polur ADB Branch in Polur Town,
Thiruvannamalai District do hereby solemnly state and
sincerely affirm as follows:-

1. That I am the petitioner herein and representing the

plaintiff bank in the capacity of it’s branch manager of Polur
ADB branch and I am authorized to sign, verify execute and
follow up the documents etc. under the regulations 76 and 77
of the State Bank of India General Regulations 1955.

2. That plaintiff bank transacts all types of banking business

at the Polur ADB branch the defendant herein approached the
branch with a request to grant him a loan of Rs.90,000/-
(Rupees Ninety Thousand Only) and submitted loan application.
After careful scrutiny, the plaintiff bank acceded to sanction
the loan. The defendant agreed to detail loan with the State
Bank of India advanced rate of Interest 7.00% per annum.

3. The defendant had executed a hypothecation Agreement dated

13.05.2016 in favour of the bank.
 8

4. That the defendant opened an account with plaintiff branch

and the A/c No.35742684384. But he has not operated the said
loan account as originally stipulated. However, There was an
outstanding of Rs.86,663/- as on 02.05.2016 with interest
accrued on the balance principle amount, which the defendants
wrongfully failed and neglected to clear. Hence, the plaintiff
branch issued notice through it’s counsel on 28.12.2022 and
Served Postal acknowledgement card on 30.12.2022 sent by the
Plaintiff Counsel. But, the defendant has not repaid any
amount and so the plaintiff bank has no other go except to
file the present suit for the recovery suit amount.

5. That the plaintiff branch is entitled to recover the suit

amount from the defendant with contractual rate of interest.
The defendant is not entitled to get any relief under any
provisions of law.

6. Therefore, it is prayed that this Hon’ble Court may be

please to pass a decree and judgment directing the defendant
to pay the suit amount with future interest within the time as
stipulated by this Hon’ble Court with cost of this suit and
grant such other relief as deemed fit and proper in the
circumstances of the case.

PLAINTIFF

The contents of this affidavit were deposed by the plaintiff

himself and he is acquainted with English language and
admitted the above facts are all true and correct to the best
of his knowledge and belief and signed this verification at
Polur on this 05th day of January, 2023 in my presence.

Advoca
te
 9

IN THE COURT OF DISTRICT MUNSIF COURT, POLUR

O.S.NO: /2023
The State Bank of India
Polur ADB Branch-represented by its
Branch Manager Plaintiff

-V/S-

E.Thirumurugan Defendant

PLAINTIFF DO HEREBY APPOINT & RETAIN

G.ARISTATIL B.A., B.L., ADVOCATE, POLUR.
To appear for me in the above suit/original petition/
miscellaneous petition and to conduct and prosecute (or
defend) the same and all proceedings that may be taken in
respect of my application for execution of any decree or order
passed therein. I empower my Advocate to appear in all
miscellaneous proceedings in the above suit or matter, till
all decrees or order are fully satisfied or adjusted and to
obtain the return of documents and draw moneys that might be
payable to me in the said suit or matter and I do further
empower my advocate to accept on my behalf service of notice
of all or any appeals or petitions filed in any court of
appeal. Reference or revision with regard to the said matter
before the disposal of the same in this Hon’ble court. He is
also authorized and empowered to effect compromise and sign
compromise on my behalf to record satisfaction of any decree
passed receipt on my behalf he is further authorized to depute
other counsel to appear and act on his behalf.

Signature
I Certify that the contents of this Vakalat at were read out
and explained Polur in my presence to the executant who
appeared perfectly to understand the same and made his/her
their signature in my presence.

Advocate
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IN THE COURT OF DISTRICT MUNSIF COURT, POLUR

O.S.NO: /2023
The State Bank of India
Polur ADB Branch-represented by its
Branch Manager Plaintiff

-V/S-

E.Thirumurugan Defendant

BATTA MEMO

Batta memo filed on behalf on Plaintiff

S.No. Name and Address of the parties Rs.

E.Thirumurugan aged years S/O.Elumalai Rs.3.00

Hindu, residing at No.173, Ward-1,
Savadi Street, Aniyalai Village,
Padagam Post, Kalasapakkam Taluk 606904.

Advocate for plaintiff

E-court’s CIS NC V3.0 Data Sheet For Caveat, Civil,I.A/EA & Criminal Filing On
Centralized Filing Counter.
 11

Name of the Establishment/Jurisdictions/Court-Sub Court - Polur (Mark a Tick)

Case Type (Write below to the Column in Caveat IA/EA Civil Ordinery/ Criminal
1. short like Civil – OS,MCOP, EP, RCOP, Emergent Ordinary/
Criminal-CC STC,PRC,SC etc.,) Express
Name of the Organization/1st Plaintiff/ 1st & others Gender:M/F/T
2. Prosecution/1st Complainant/1st Appellant Mobile No e-Mail ID Age
with Mobile No.,eMail ID & Age
3. thjpapd; bgah; (jkpHpy;) !;Bll; BgA;f; Mg; ne;jpah, BghS]h; ADB
Relative Name of the Organization/1st
Third Party/Son/Daughter/
4. Plaintiff/1st Plaintiff / 1st Prosecution/ 1st
Mother/Brother/ Sister of
Complainant/1st Appellant
Address of the Organization/1st Plaintiff/ !;Bll; BgA;f; Mg; ne;jpah, BghS]h; ADB, BghS]h; tl;lk;, jpUtz;zhkiy
5. 1st Prosecution/1st Prosecution/ 1st khtl;lk;
Appellant
Name of the Advocate for the
Organization/ 1st Plaintiff / 1st
6. Prosecution /1st Complainant/1st Mobile No e-Mail ID Reg.No/Year
Appellant with Mobile No., eMail ID & Bar aristatiladvocate@ MS No.
9443038919 gmail.com 966/1997
Reg./Enrollment No. & Year
7. thjpapd; tHf;fwpqh; bgah; (jkpHpy;) Bfh.mhp!;lhl;oy;
& others Gender:M/F/T
Name of the 1st Respondent/1st Accused
8. Mobile No e-Mail ID Age
with Mobile No., eMail ID & Age

9. gpujpapd; thjpapd; bgah; (jkpHpy;) E.jpUKUfd;

Relative Name of the 1st Respondent/1st Third Party/Son/Daughter/
10. Accused Mother/Brother/ Sister of
Address of the 1st Respondent/1st No.15, New Street, Koralpakkam Village, Polur Taluk,
11.
Accused Tiruvannamalai District.
Name of the Advocate for the 1st
Respondent/1st Accused with Mobile No.,
12. Mobile No e-Mail ID Reg.No/Year
eMail ID & Bar Reg./Enrollment No. &
Year
gpujpthjpapd; tHf;fwpqh; thjpapd; bgah; (jkpHpy;)
13.
Date of Incident/ FIR No.
14. Place of Incident/Accident/
Accident/Offense /Year
Date of FIR Filing
15. Offences
Charge Sheet Date
16. Act Section
Date of Cause of 1st
17. Cause of Action Action Last :
Compensation/Valuation of the suit for
18. Court Fee Paid:
the Prayer
19. Prayer Relief claimed

# After Filing the Case with Date Sheet I, Acknowledgement will be given CNR Number.
# Search the CNR Number in e-court Website, e-Court Services Mobile APP & Kiosk
Machine to find the Registration Number.
# SMS & e-Mail will be sent to the above provided Mobile Number, e-Mail ID.

Date: 05.01.2023
Place: Polur Signature of the Advocate

khtl;l chpikapay; ePjpkd;wk;, BghS]h;

O.S. NO:18/2023
!;Bll; BgA;f; Mg; ne;jpah, BghS]h; (ADB)
 12

mjw;fhf mjd; fpis Bkyhsh; thjp

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thjp jug;gpy; jhf;fy; bra;a[k; epU}gz thf;FK}yk;
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mjw;fhf mjd; fpis cjtp Bkyhsh; b$agpufh&; taJ-35 j/bg.Bltpl; bghd;DJiu Mfpa ehd; rj;jpa
gpukhzkha; bjhptpg;gJ:-
1. ehd; thjp tA;fpapy; fpis cjtp Bkyhsh;/rhl;rp-1. gpujpthjpf;F vjpuhf tHf;F flid tR{ypf;f
Bfhhp ne;j tHf;if tA;fpf;fhf jhf;fy; bra;Js;Bsd;.
2. fle;j 13.06.2017-y; gpujpthjp thjp tA;fpia mDfp tptrha fld; thiH kw;Wk; kq;rs; rhFgo bra;a
U}.90,000/- fld; Bfl;L tpz;zg;gpj;jhh;. Bkw;go fld; tpz;zg;gk; th.r.M-1 MFk;. gpujpthjp fld;
tpz;zg;gj;ij ghprPypj;J 15.06.17-y; U}.90,000/-f;F 11.25 tl;o tpfpjj;Jld; fld; tHA;fg;gl;lJ.
Bkw;go fldpw;F gpujpthjp bfhJit xg;ge;jk; vGjpf;bfhLj;jhh; mJ th.r.M-2 MFk;. Bkw;go
fldpw;F 15.06.2017-y; byl;lh; Mg; mBuq;bkz;l; gpujpthjp, thjp tA;fpf;F vGjpf;bfhLj;jhh; mJ
th.r.M-3 MFk;.
3. gpujpthjp tA;fpapy; bgw;w flid brg;gp tA;fp bgaUf;F 10.06.2020-y; caph;g;g[ fojk;
vGjpf;bfhLj;jhh;. mJ th.r.M-4 MFk;. Bkw;go flid gpujpthjpaplk; Behpy; gyKiw Bfl;L igry;
bra;ahjjhy; mry; tl;o vija[k; igry; bra;atpy;iy. thjp tA;fp gpujpthjpf;F 28.12.2022-y;
tHf;fwpqh; mwptpg;g[ mDg;gpaJ. Bkw;go tHf;fwpqh; mwptpg;g[ th.r.M-5 MFk;.
gpujpthjpf;F tHf;fwpqh; mwptpg;g[ mDg;gpa[k; gpujpthjp tA;fp flid igry; bra;atpy;iy.

4. Bkw;go fldpw;F vkJ tA;fpapy; guhkhpf;fg;gLk; fzf;F vz;.36951244654 MFk;. Bkw;go

fldpw;F thjp mry; tl;oia brYj;jpaJ Bghf 02.01.2020-y; md;W fzf;F BgBul;od; go U}.51,416/-
tuhf;fldhf epYitapy; cs;sJ. Bkw;go tA;fp fzf;F BgBuL th.r.M-6 MFk;. vdBt thjp tA;fp BtW
tHpapd;wp tHf;F flid tR{ypf;f ne;j tHf;if jhf;fy; bra;Js;Bsd;.

5. vdBt khz;gik ePjpkd;wj;jhh; mth;fs; Bkw;fz;l fhuzA;fis mDrhpj;J thjp jug;gpy; jhf;fy;
bra;Js;s tHf;fpy; Bfhhpa[s;sgo gpujpthjp, thjp tA;fpf;F gpd; tl;o bryt[j;bjhifa[ld; tHf;F flid
jpUk;g brYj;j Btz;Lk; vd tHf;fpy; jPh;g;g[k;, jPh;g;ghiziaa[k; gpwg;gpf;FkhW tzf;fkha;
gpuhj;jpf;fgLfpwJ.

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Bkw;fz;l rA;fjpfs; aht[k; goj;J ghh;j;J rhpbad nd;W 24.03.2023-y; BghS]hpy; ifbaGj;J
bra;jhh;.

tHf;fwpqh;
thjp jug;gpy; FwpaPL bra;a[k; MtzA;fs;:-
1.13.06.2017 thjp tA;fpf;F gpujpthjp vGjpf;bfhLj;j fld;
tpz;zg;gk;
2.15.06.2017 thjp tA;fpf;F gpujpthjp vGjpf;bfhLj;j bfhJit
xg;ge;jk;
 13

3.15.06.2017 thjp tA;fpf;F gpujpthjp vGjpf;bfhLj;j byl;lh; Mg;

mBuq;bkz;l;
4.10.06.2020 thjp tA;fpf;F gpujpthjp vGjpf;bfhLj;j caph;g;g[ fojk;.
5.28.12.2022 thjp tHf;fwpqh; gpujpthjpf;F mDg;gpa tHf;fwpqh;
mwptpg;g[ mYtyf efy;.
6. gpujpthjpapd; tA;fp fzf;F BgBuL
7. tA;fp Bkyhsh; bfhLj;j mDkjp fojk;.
8. milahs ml;il efy;

thjp tHf;fwpqh;