Case Summary
The case involves State Bank of Travancore filing a suit against Rajagopalan Nair. C for recovery of a loan amount. The defendant, a proprietor, failed to repay the loan despite multiple requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of an amount of 7,85,866/- with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest and costs. The court found that the defendant failed to repay the loan as agreed.
Why Plaintiff Won:
The court found sufficient evidence of the loan and the defendant's failure to repay it.
The court found sufficient evidence of the loan and the defendant's failure to repay it.
Losing Side's Weaknesses:
The court found sufficient evidence of the loan and the defendant's failure to repay it.
The court found sufficient evidence of the loan and the defendant's failure to repay it.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 7,85,866/- (Rupees Seven Lakhs Eighty-Five Thousand Eight Hundred and Sixty-six only) is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 7,85,866/- (Rupees Seven Lakhs Eighty-Five Thousand Eight Hundred and Sixty-six only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of Travancore
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Rajagopalan Nair. C
- Party Age
- 58
Plaintiffs Documents
Loan application A1, Bio-Data A2, Working capital facility sanction A3, Hypothecation cum Working Capital Agreement A4, Arrangement letter A5, Supplemental Hypothecation cum working Capital arrangement A6, Revival letter A7, Advocate notice A8, Loan account A9, Statement of account A10
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. R. Preethakumari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Renju Biju
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Paraniyam R.T. Devakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Narendran Mohan. V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of 7,85,866/- with 6% interest.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 7,85,866/- (Rupees Seven Lakhs Eighty-Five Thousand Eight Hundred and Sixty-six only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was produced to show the application for the loan made by the defendant.
Reference:
Ext.A1
Document Type:
Bio-Data of Sri. Rajagopalan Nair. C
Submitted By:
Plaintiff
Relevance:
This document was produced to verify the identity and details related to the defendant.
Reference:
Ext.A2
Document Type:
Sanction of the working capital facility
Submitted By:
Plaintiff
Relevance:
This document was produced to prove the sanction of the working capital facility to the defendant.
Reference:
Ext.A3
Document Type:
Hypothecation cum Working Capital Agreement
Submitted By:
Plaintiff
Relevance:
This document was produced to demonstrate the hypothecation of stocks by the defendant in favor of the plaintiff bank.
Reference:
Ext.A4
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document was produced to confirm the arrangement for enhancement of the loan limit.
Reference:
Ext.A5
Document Type:
Supplemental Hypothecation cum working Capital arrangement
Submitted By:
Plaintiff
Relevance:
This document was produced to support the claim regarding the supplemental hypothecation.
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This document was produced to support the claim that a revival letter was executed by the defendant.
Reference:
Ext.A7
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
This document was provided to show that the defendant was given notice regarding the dues.
Reference:
Ext.A8
Document Type:
Copy of the loan account
Submitted By:
Plaintiff
Relevance:
This document was produced to display the financial statements related to the defendant's loans.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document was provided to demonstrate the account history of the defendant.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2017