Case Summary
The plaintiff is the State Bank of India which filed a suit against the defendants Kavya Babu K.M. and Babu K.M. for the recovery of a loan amount. The defendants failed to repay the loan despite repeated demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay an amount of Rs.4,80,485/- with interest
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the loan amount along with interest. The defendants are jointly and severally liable for the repayment.
Why Plaintiff Won:
The court found that the plaintiff proved their case with sufficient documentation that established the loan agreement and non-payment.
The court found that the plaintiff proved their case with sufficient documentation that established the loan agreement and non-payment.
Losing Side's Weaknesses:
The court found that the plaintiff proved their case with sufficient documentation that established the loan agreement and non-payment.
The court found that the plaintiff proved their case with sufficient documentation that established the loan agreement and non-payment.
Supporting Evidence
The plaintiff bank was keeping the true and correct account of the above said loan account in the usual and regular course of business. The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case and he is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.4,80,485/- (Rupees four lakhs eighty thousand four hundred and eighty five only) to the plaintiff with interest at the rate of 10% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, ACB Perambra Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kavya Babu K.M.
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Babu K.M.
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan application form submitted by Kavya Babu and Babu before SBI, Arrangement letter for term loan, Education loan agreement, Copy of Lawyer notice sent by Adv. Vinod Singh Cheriyan to Kavya Babu, Unclaimed postal cover, Acknowledgment card, Copy of Account statement of Kavya Babu issued by SBI
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arjun P.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.M. Khalid
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarania O.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shynu H.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Sinan P.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meghna Francis
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seema Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naveena T.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall jointly and severally pay an amount of Rs.4,80,485/- to the plaintiff with interest.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.4,80,485/- (Rupees four lakhs eighty thousand four hundred and eighty five only) to the plaintiff with interest at the rate of 10% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff shall also be entitled to realise the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted by Kavya Babu and Babu before SBI, Perambra Branch.
Reference:
Ext.A1
Document Type:
Arrangement letter for Term Loan
Submitted By:
Plaintiff
Relevance:
Issued by SBI Perambra Branch to Kavya Babu.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Entered into between SBI Perambra Branch and Kavya Babu.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Vinod Singh Cheriyan to Kavya Babu.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice.
Reference:
Ext.A4(b)
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Issued by SBI, Perambra Branch for Kavya Babu.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between State Bank of India, ACB Perambra vs Kavya Babu K.M., Babu K.M. regarding realisation of money
Case Code Year
Case between State Bank of India, ACB Perambra vs Kavya Babu K.M., Babu K.M. regarding realisation of money