Case Summary
The plaintiff bank is seeking to recover an outstanding loan amount from the defendants who failed to make repayments as agreed. The case was uncontested as the defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay an amount of Rs.6,57,272 to the plaintiff 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 court decreed that the defendants must pay the plaintiff a total of Rs. 6,57,272 with interest. The expenses incurred in the lawsuit will also be reimbursed to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved the case with unchallenged evidence and documented proof of debt.
The plaintiff successfully proved the case with unchallenged evidence and documented proof of debt.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with unchallenged evidence and documented proof of debt.
The plaintiff successfully proved the case with unchallenged evidence and documented proof of debt.
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.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.6,57,272/- to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Narikkuni Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Harikrishnan U.K.
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayan U.K.
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Education Loan agreement, Copy of Lawyer Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.M. Khalid
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shynu H.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the amount due along with interest.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.6,57,272/- with interest at the rate of 12% per annum...
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by Harikrishnan U.K. and another to apply for the education loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the State Bank, RBO, Calicut to Harikrishnan confirming loan sanction.
Reference:
Ext.A2
Document Type:
Education Loan agreement Letter
Submitted By:
Plaintiff
Relevance:
Agreement entered into between Harikrishnan and SBI for the education loan.
Reference:
Ext.A3, Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Vinod Singh Cheriyan to defendants demanding repayment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the Lawyer Notice.
Reference:
Ext.A5(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card in the name of Harikrishnan for the received notice.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card in the name of Vijayan for the received notice.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account of Harikrishnan issued by SBI.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India, Narikkuni Branch et al vs Harikrishnan U.K., Vijayan U.K. regarding realisation of money.
Case Code Year
Case between State Bank of India, Narikkuni Branch et al vs Harikrishnan U.K., Vijayan U.K. regarding realisation of money.