Case Summary
The plaintiff, State Bank of India, filed a suit against the defendant, M/s. Sivakripa Motors, for non-repayment of a business loan under the Pradhan Mantri Mudra Yojana. The defendant defaulted on the repayment, prompting the bank to seek legal recourse.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs.6,07,652 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 suit was decreed in favor of the plaintiff. The defendant was ordered to pay a total amount due, inclusive of interest.
Why Plaintiff Won:
The plaintiff successfully proved the case with unchallenged evidence supporting the claim for the loan amount due.
The plaintiff successfully proved the case with unchallenged evidence supporting the claim for the loan amount due.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with unchallenged evidence supporting the claim for the loan amount due.
The plaintiff successfully proved the case with unchallenged evidence supporting the claim for the loan amount due.
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 the 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.6,07,652 (Rupees Six lakhs seven thousand six hundred and fifty two only) 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
- Party Role
- Defendant
- Party Name
- M/s. Sivakripa Motors
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- Loshith C.
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Arrangement Letter, Addendum to Arrangement Letter, Agreement of Loan cum Hypothecation, Lawyer notice with postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.M. Madhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Leela K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay an amount of Rs.6,07,652 to the plaintiff with interest.
Evidence:
The defendant shall pay an amount of Rs.6,07,652 (Rupees Six lakhs seven thousand six hundred and fifty two only) 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.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff shall also be entitled to realise the costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Submitted by Sivakripa Motors Proprietor, Loshith C. to State Bank of India.
Reference:
Ext.A1
Document Type:
Addendum to Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Executed by Loshith C. in favour of State Bank of India.
Reference:
Ext.A2
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by Loshith C., Proprietor, Sivakripa Motors in favour of State Bank of India.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. M.M. Madhu to Sivakripa Motors, Proprietor, Loshith C.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by State Bank of India in respect of Loshith C., Sivakripa Motors.
Reference:
Ext.A5
Document Type:
Statement of Unapplied Accrued Interest and Charges
Submitted By:
Plaintiff
Relevance:
Covers the period from 29.06.2024 to 06.12.2024.
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 M/s. Sivakripa Motors regarding realisation of money
Case Code Year
Case between State Bank of India vs M/s. Sivakripa Motors regarding realisation of money