Case Summary
The case involves State Bank of India as the plaintiff and Shafeeque. P.K. as the defendant, concerning the recovery of a personal loan amount. The defendant defaulted on loan repayments and the plaintiff seeks to recover the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.8,56,074/- with an interest rate of 7% till the date of decree and thereafter at 6% till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay the outstanding loan amount along with interest. The plaintiff is also awarded costs of the suit.
Why Plaintiff Won:
The plaintiff established the loan agreement and the defendant's default.
The plaintiff established the loan agreement and the defendant's default.
Losing Side's Weaknesses:
The plaintiff established the loan agreement and the defendant's default.
The plaintiff established the loan agreement and the defendant's default.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A9.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.8,56,074/-(Eight lakh fifty six thousand seventy four only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shafeeque. P.K.
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Copy of Arrangement Letter, Personal Loan Agreement, Copy of Xpress Credit Insta Top up loan Terms and Conditions, Certificate, Copy of lawyer notice, Statement of account for the period from 16-02-2022 to 14-11-2024, Statement of account for the period from 11-04-2023 to 14-11-2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. M. Madhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Leela
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay Rs.8,56,074/- to the plaintiff.
Evidence:
The defendant is directed to pay Rs.8,56,074/-(Eight lakh fifty six thousand seventy four only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document provides the terms under which the personal loan was availed by the defendant.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement for the personal loan, including repayment terms.
Reference:
Ext.A2
Document Type:
Loan terms and conditions
Submitted By:
Plaintiff
Relevance:
This document details the conditions of the top-up loan availed by the defendant.
Reference:
Ext.A3
Document Type:
Digital Message Process
Submitted By:
Plaintiff
Relevance:
This document indicates the communication sent by the plaintiff to the defendant regarding the loan.
Reference:
Ext.A4
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports the claims made by the plaintiff.
Reference:
Ext.A4(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent to the defendant regarding the loan default.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer's notice.
Reference:
Ext.A5(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as an acknowledgment of receipt of the lawyer's notice.
Reference:
Ext.A5(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is another notice sent to address the loan default by the defendant.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the second lawyer's notice.
Reference:
Ext.A6(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This serves as acknowledgment of receipt of the second lawyer's notice.
Reference:
Ext.A6(b)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides the account details for the personal loan.
Reference:
Ext.A7
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports claims regarding the statement of account.
Reference:
Ext.A7(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement details the account for the top-up loan.
Reference:
Ext.A8
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports the claims related to the top-up loan statement.
Reference:
Ext.A8(a)
Document Type:
Statement of Unapplied Interest and Charges
Submitted By:
Plaintiff
Relevance:
This document outlines the interest and charges applicable to the loans.
Reference:
Ext.A9
Document Type:
Statement of Unapplied Interest and Charges
Submitted By:
Plaintiff
Relevance:
This is a secondary statement of unapplied interest and charges.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Shafeeque. P.K. regarding recovery of money.
Case Code Year
Case between State Bank of India vs Shafeeque. P.K. regarding recovery of money.