Case Summary
The State Bank Of India has filed a suit against Mr. Sameer KK, the sole proprietor of M/s Dual Mobile Gallery, for the recovery of a loan amount. The defendant failed to repay the loan despite repeated demands by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,58,668.59/- with interest at the rate of 12% per annum from the date of suit and future interest at the rate of 6%.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting them the amount due along with interest. The plaintiff is entitled to recover costs as well.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff established the entitlement to the decree.
The unchallenged evidence of the plaintiff established the entitlement to the decree.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff established the entitlement to the decree.
The unchallenged evidence of the plaintiff established the entitlement to the decree.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A14 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,58,668.59/- (Rupees Four Lakh Fifty Eight Thousand Six Hundred Sixty Eight and Fifty Nine paise only)...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank Of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr.Sameer KK
- Party Age
- 34
- Relation
- S/o.
Plaintiffs Documents
True copy of acquisition of State Bank of Travancore Order 2017, Sanction letter issued by State Bank of Travancore to Sameer KK, Hypothecation cum working capital agreement executed by Sameer KK in favour of State Bank of Travancore, Letter of arrangement issued by State Bank of India to Sameer KK, Supplemental agreement of loan cum Hypothecation issued by Sameer KK to State Bank of India, Revival letter issued by Sameer KK to State Bank of India, Copy of lawyer notice with postal receipt issued by Adv.Vinod Singh Cheriyan to Sameer KK.
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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Saranya.O
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shynu.H
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arjun PM
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Mohammed Sinan P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Naveena T
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jeswin James
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.4,58,668.59 from the defendant.
Evidence:
The suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs.4,58,668.59/-.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realise an amount of... with interest at the rate of 12% per annum from the date of suit...
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to recover 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:
True copy of acquisition of State Bank of Travancore Order 2017 published in Gazette of India
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claims.
Reference:
Ext.A1
Document Type:
Sanction letter issued by State Bank of Travancore to Sameer KK
Submitted By:
Plaintiff
Relevance:
This document demonstrates the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Hypothecation cum working capital agreement executed by Sameer KK in favour of State Bank of Travancore
Submitted By:
Plaintiff
Relevance:
This agreement served as the security for the loan.
Reference:
Ext.A3
Document Type:
Letter of arrangement issued by State Bank of India to Sameer KK
Submitted By:
Plaintiff
Relevance:
This letter outlines further arrangements related to the loan.
Reference:
Ext.A4
Document Type:
Letter of arrangement issued by State Bank of India to Sameer KK
Submitted By:
Plaintiff
Relevance:
This letter provides additional loan arrangement details.
Reference:
Ext.A5
Document Type:
Supplemental agreement of loan cum hypothecation issued by Sameer KK to State Bank of India
Submitted By:
Plaintiff
Relevance:
This document supplements the original hypothecation agreement.
Reference:
Ext.A6
Document Type:
Revival letter issued by Sameer KK to State Bank of India
Submitted By:
Plaintiff
Relevance:
This letter indicates the intent to revive the loan agreement.
Reference:
Ext.A7
Document Type:
Copy of lawyer notice with postal receipt issued by Adv.Vinod Singh Cheriyan to Sameer KK
Submitted By:
Plaintiff
Relevance:
This notice was served to demand repayment of the loan.
Reference:
Ext.A8
Document Type:
Acknowledgment card with unclaimed cover sent by Adv.Vinod Singh Cheriyan to Sameer KK
Submitted By:
Plaintiff
Relevance:
This card signifies that communication attempted with the defendant was unsuccessful.
Reference:
Ext.A9
Document Type:
Acknowledgment card with unclaimed cover sent by Adv.Vinod Singh Cheriyan to Sameer KK
Submitted By:
Plaintiff
Relevance:
This card further supports the claim of unsuccessful communication.
Reference:
Ext.A10
Document Type:
True extract of Statement of Account with certificate under Bankers Books Evidence Act
Submitted By:
Plaintiff
Relevance:
This extract is used to show the account details and amounts due.
Reference:
Ext.A11
Document Type:
True extract of Statement of Account with certificate under Bankers Books Evidence Act
Submitted By:
Plaintiff
Relevance:
This is another extract to support the plaintiff's financial claims.
Reference:
Ext.A12
Document Type:
Certificate showing closure balance of Sameer KK
Submitted By:
Plaintiff
Relevance:
This certificate indicates the final amounts owed by the defendant.
Reference:
Ext.A13
Document Type:
Certificate showing closure balance of Sameer KK
Submitted By:
Plaintiff
Relevance:
This document confirms the closure balance of the account.
Reference:
Ext.A14
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.Sameer KK regarding realisation of money
Case Code Year
Case between State Bank Of India vs Mr.Sameer KK regarding realisation of money