Case Summary
The plaintiff, State Bank Of India, brought a suit against the defendant, Mr.Raghunath KP, for the recovery of a loan amount that the defendant failed to repay. The court found in favor of the plaintiff due to the defendant's absence and unchallenged evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.71,113/- 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.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the recovery of Rs.71,113/- with interest from the defendant.
Why Plaintiff Won:
The unchallenged evidence of PW1 and the documents submitted substantiated the plaintiff's claim.
The unchallenged evidence of PW1 and the documents submitted substantiated the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and the documents submitted substantiated the plaintiff's claim.
The unchallenged evidence of PW1 and the documents submitted substantiated the plaintiff's claim.
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.71,113/- (Rupees Seventy One Thousand One Hundred and Thirteen only) from the defendant 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
- Mr.Raghunath KP
- Relation
- S/o
Plaintiffs Documents
Loan Application of the defendant in SBI, Agreement letter executed by defendant in favour of Plaintiff, Arrangement for loan for X press Credit Overdraft Term Loan executed by defendant in favour of Plaintiff, Copy of the lawyer notice with postal receipt send by Adv.Vinod Singh Ceriyan to Raghunath KP, Returned postal cover with an endorsement 'unclaimed RTS' with acknowledgment card, True extract of the Statement of Account (No.37685435428 )of defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.M.Khalid
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Saranya.O
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shynu.H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.PM Gireesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.KM Viswanathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs.71,113/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs.71,113/- (Rupees Seventy One Thousand One Hundred and Thirteen only) from the defendant 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.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
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 shows the application for the loan made by the defendant.
Reference:
Ext.A1
Document Type:
Agreement Letter
Submitted By:
Plaintiff
Relevance:
Document evidences the agreement executed by the defendant in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Loan Arrangement Document
Submitted By:
Plaintiff
Relevance:
Document outlining the arrangement for the Xpress Credit Overdraft loan.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document evidences the lawyer's notice sent to the defendant demanding repayment.
Reference:
Ext.A4
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Document shows that the lawyer notice was unclaimed by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document providing a true extract of the defendant's loan account statement.
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 vs Mr.Raghunath KP regarding realisation of money.
Case Code Year
Case between State Bank Of India vs Mr.Raghunath KP regarding realisation of money.