Case Summary
State Bank of India filed a suit against Rajani P. for repayment of Rs.9,86,546/- due under various loan agreements. The defendant did not appear in court and the case proceeded ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs.9,86,546/- with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Rajani P. shall pay the amount of Rs.9,86,546/- to the plaintiff with interest. The court also granted costs of the suit to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved the case with proper documentation and evidence of the loan defaults.
The plaintiff successfully proved the case with proper documentation and evidence of the loan defaults.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with proper documentation and evidence of the loan defaults.
The plaintiff successfully proved the case with proper documentation and evidence of the loan defaults.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendant shall pay an amount of Rs.9,86,546/- (Rupees nine lakhs eighty six thousand five hundred and forty six only) to the plaintiff with interest at the rate of 9% 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
- Rajani P.
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Loan application filed by Rajani to SBT, Sanction credit facilities issued by SBT, Hypothecation agreement for term loan executed by Rajani in favour of SBI.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.V. Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E. Balakrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay an amount of Rs.9,86,546/- to the plaintiff.
Evidence:
The suit is decreed as follows: A) The defendant shall pay an amount of Rs.9,86,546/- (Rupees nine lakhs eighty six thousand five hundred and forty six only) to the plaintiff with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff shall also be entitled to realise the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to prove the loan application filed by Rajani to SBI.
Reference:
Ext.A1
Document Type:
Sanction credit facilities
Submitted By:
Plaintiff
Relevance:
Evidence indicating the sanction of credit facilities issued by SBI to KKR Enterprises.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Documents executed by Rajani in favour of SBI for term loans.
Reference:
Ext.A3 to Ext.A5
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the loan arrangements made by SBI and KKR Enterprises.
Reference:
Ext.A6
Document Type:
Agreement of Loan-cum-Hypothecation
Submitted By:
Plaintiff
Relevance:
Evidence of the agreement between SBI and KKR Enterprises.
Reference:
Ext.A7
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Further documentation of the loan-cum-hypothecation entered into.
Reference:
Ext.A8
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by SBI indicating the revival of loan terms.
Reference:
Ext.A9
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Document evidencing the arrangement during the pandemic period.
Reference:
Ext.A10
Document Type:
Supplementary Agreement of loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
Further supplementary agreement for hypothecation.
Reference:
Ext.A11
Document Type:
Application for Restructuring/ Rehabilitation
Submitted By:
Plaintiff
Relevance:
Application seeking restructuring of loan due to business decline.
Reference:
Ext.A12
Document Type:
Letter of Agreement
Submitted By:
Plaintiff
Relevance:
Agreement confirmed between SBI and KKR Enterprises.
Reference:
Ext.A13
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Letter indicating the revival of agreements from KKR Enterprises.
Reference:
Ext.A14
Document Type:
Final recall notice
Submitted By:
Plaintiff
Relevance:
Notice issued to recall all loan accounts from KKR Enterprises.
Reference:
Ext.A15
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Records showing the outstanding amounts due by KKR Enterprises.
Reference:
Ext.A16 to Ext.A21
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 Rajani P. regarding realisation of money.
Case Code Year
Case between State Bank of India vs Rajani P. regarding realisation of money.