Case Summary
This case involves the State Bank of India suing Gopinath C.P. for recovery of a loan amount. The defendant defaulted on repayments despite having agreed to the terms of the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs.8,26,033.19 with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, requiring the defendant to pay Rs. 8,26,033.19 with interest.
Why Plaintiff Won:
The plaintiff successfully proved the defendant's default in repayment based on the loan agreement terms.
The plaintiff successfully proved the defendant's default in repayment based on the loan agreement terms.
Losing Side's Weaknesses:
The plaintiff successfully proved the defendant's default in repayment based on the loan agreement terms.
The plaintiff successfully proved the defendant's default in repayment based on the loan agreement terms.
Supporting Evidence
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 defendant shall pay an amount of Rs.8,26,033.19 to the plaintiff with interest at the rate of 12% 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Gopinath C.P.
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Xpress credit loan application form, Arrangement letter issued by SBI, Personal loan agreement, Copy of lawyer notice, Postal receipt, Unclaimed Postal cover, Copy of statement Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay the total amount due to the plaintiff
Evidence:
In the result, the suit is decreed as follows: A) The defendant shall pay an amount of Rs.8,26,033.19
Relief Type:
Interest
Outcome:
Granted
Description:
The defendant is liable to pay interest on the amount due
Evidence:
with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6%
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit
Evidence:
B) The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Xpress Credit Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the defendant's application for the loan
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Included to show the terms accepted by the defendant for the loan
Reference:
Ext.A2
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Demonstrated the contractual obligation of the defendant
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicated that notice was given to the defendant regarding repayment
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as evidence of the sending of the notice to the defendant
Reference:
Ext.A4(a)
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Further supported the notification process to the defendant
Reference:
Ext.A5
Document Type:
Copy of statement Account
Submitted By:
Plaintiff
Relevance:
Provided details of the defendant's loan account balance
Reference:
Ext.A6
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 et al vs Gopinath C.P. regarding realisation of money
Case Code Year
Case between State Bank of India et al vs Gopinath C.P. regarding realisation of money