Case Summary
This case involves the State Bank of India as the plaintiff and Hamsa.P.T as the defendant. The plaintiff seeks recovery of a car loan amount that was not repaid by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs. 16,80,740/- with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff proved the case through the examination of its manager and documentary evidence showing the outstanding loan amount.
The plaintiff proved the case through the examination of its manager and documentary evidence showing the outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff proved the case through the examination of its manager and documentary evidence showing the outstanding loan amount.
The plaintiff proved the case through the examination of its manager and documentary evidence showing the outstanding loan amount.
Supporting Evidence
Evidence of PW1 coupled with documentary evidence would go to show that the plaintiff has succeeded in proving his case and that amount is outstanding from the loan account of the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendant is directed to pay an amount of Rs. 16,80,740/- (Rupees Sixteen lakhs eighty thousand seven hundred and forty only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Hamsa.P.T
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan application form, Arrangement letter, Sanction letter, Copy of registration certificate, Loan cum hypothecation agreement, Copy of lawyer notice issued to defendant by plaintiff counsel, Returned postal cover with acknowledgment, Statement of account, Certificate u/s.2A(b) and 2A(c) of the Bankers Books Evidence Act 1891, Copy of loans discharge quote, True copy of the RBI circular No:DBOD No BC 115/13.07.01/94 dated 17.10.1994, True copy of the RBI circular No:DBOD No Div.BC70/C-96-76, True copy of the penal interest statement, True copy of the certificate showing the rate of interest.
Defendants Documents
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs. 16,80,740 with interest.
Evidence:
In the result, the suit is decreed as follows: (1) Defendant is directed to pay an amount of Rs. 16,80,740/- (Rupees Sixteen lakhs eighty thousand seven hundred and forty only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
(2) The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to show the defendant applied for a loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Supplementary document related to the loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Indicates the loan was sanctioned to the defendant.
Reference:
Ext.A3
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Serves as security for the loan.
Reference:
Ext.A4
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the terms of the loan and hypothecation.
Reference:
Ext.A5
Document Type:
Copy of lawyer notice issued to defendant by plaintiff counsel
Submitted By:
Plaintiff
Relevance:
Notice calling for repayment of the loan.
Reference:
Ext.A6
Document Type:
Returned Postal Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Shows the lawyer notice was returned as undeliverable.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding amount in the defendant's loan account.
Reference:
Ext.A8
Document Type:
True copy of the penal interest statement
Submitted By:
Plaintiff
Relevance:
Related to penalties for non-payment.
Reference:
Ext.A12
Document Type:
True copy of the certificate showing the rate of interest
Submitted By:
Plaintiff
Relevance:
Evidence of the interest rate applicable to the loan.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India et al vs Hamsa.P.T regarding realisation of money
Case Code Year
Case between State Bank of India et al vs Hamsa.P.T regarding realisation of money