Case Summary
This case involves the State Bank of India as the plaintiff and Mr. Baburajan K as the defendant. The plaintiff is seeking to recover a loan amount that the defendant has failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 6,14,150/- from the defendant 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 the suit in favor of the plaintiff, allowing the recovery of the loan amount along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff showed that the defendant had defaulted on the loan agreement.
The unchallenged evidence of the plaintiff showed that the defendant had defaulted on the loan agreement.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff showed that the defendant had defaulted on the loan agreement.
The unchallenged evidence of the plaintiff showed that the defendant had defaulted on the loan agreement.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A6 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1.The plaintiff is entitled to realise an amount of Rs. 6,14,150/- (Rupees Six Lakhs Fourteen Thousand One hundred and Fifty only) from the defendant 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
- Party Role
- Plaintiff
- Party Name
- Vidhya P
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr.Baburajan K
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan application, Arrangement letter, Agreement of loan cum Hypothecation, Addendum to arrangement letter, Lawyer notice, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sajeevan MV
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.E Balakrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted recovery of the loan amount due.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 6,14,150/-...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendant's application for the loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Agreement on the terms of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Document confirming the hypothecation agreement for the loan.
Reference:
Ext.A3
Document Type:
Addendum to Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Modification of terms agreed upon in the original arrangement letter.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendant regarding the loan dues.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Statement reflecting the transactions and dues in the loan account.
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
Non-payment of rent
Case Code
Case between State Bank of India vs Mr.Baburajan K regarding realisation of money.
Case Code Year
Case between State Bank of India vs Mr.Baburajan K regarding realisation of money.