Case Summary
The plaintiff, The State Bank of India, is seeking to recover a loan amount from the defendant, M/s.Shivas Rental Tools, due to the defendant's failure to repay the loan as agreed. The case arose after the defendant defaulted on a loan sanctioned by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.7,26,886.70/- from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount from the defendant.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and documentation proved that the defendant defaulted on the loan repayment.
The unchallenged evidence of the plaintiff and documentation proved that the defendant defaulted on the loan repayment.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and documentation proved that the defendant defaulted on the loan repayment.
The unchallenged evidence of the plaintiff and documentation proved that the defendant defaulted on the loan repayment.
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: The plaintiff is entitled to realise an amount of Rs.7,26,886.70/- (Rupees Seven Lakhs Twenty Six Thousand Eight Hundred Eighty Six and Seventy paisa 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
- The State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s.Shivas Rental Tools
- Party Age
- 30
- Relation
- Represented by
Plaintiffs Documents
Loan application, Letter of arrangement, Agreement of loan cum hypothecation, Revival letter, Legal notice, Account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manu M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.7,26,886.70/- from the defendant...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover 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 concerning the application made by the defendant for the loan.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant confirming the arrangement with the bank.
Reference:
Ext.A2
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms and conditions of the loan.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendant regarding the revival of the loan.
Reference:
Ext.A4
Document Type:
Registered legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice sending a demand for repayment of the outstanding balance.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement detailing the transactions and outstanding balance of 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 The State Bank of India vs M/s.Shivas Rental Tools regarding realisation of money.
Case Code Year
Case between The State Bank of India vs M/s.Shivas Rental Tools regarding realisation of money.