Case Summary
The plaintiff is the State Bank of India and the defendant is Haneefa R.K, a sole proprietor. The case involves the recovery of a loan amount of Rs. 10,00,000/- which the defendant defaulted on despite multiple notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay Rs. 11,61,981.15 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the principal amount along with interest and costs. The overall amount due was calculated to be Rs. 11,61,981.15.
Why Plaintiff Won:
The plaintiff succeeded in proving the case through documentary evidence.
The plaintiff succeeded in proving the case through documentary evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving the case through documentary evidence.
The plaintiff succeeded in proving the case through documentary evidence.
Supporting Evidence
From the evidence of PW1, coupled with documentary evidence, I find that the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendants are jointly and severally directed to pay an amount of Rs. 11,61,981.15 with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The State Bank of India
- Party Role
- Defendant
- Party Name
- Haneefa R.K
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan application form, Sanction letter, Hypothecation cum working capital agreement, Revival letter, lawyer notice, certified statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.M.Khalid
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Saranya O
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shynu H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Seema Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arjun P.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Sinan P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Naveena T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jeswin James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhammed Shameem Paksan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants directed to pay Rs. 11,61,981.15 with interest.
Evidence:
Hence, I find that the plaintiff is entitled for a decree as paid for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Defendant applied for a loan of Rs. 10,00,000/-.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the loan amount.
Reference:
Ext.A3
Document Type:
Hypothecation cum Working Capital Agreement
Submitted By:
Plaintiff
Relevance:
Document executed as security for repayment of loan.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival of the terms of the loan.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant for payment.
Reference:
Ext.A6
Document Type:
Certified copy of Account statement
Submitted By:
Plaintiff
Relevance:
Evidence of default in payment.
Reference:
Ext.A9
Document Type:
True copy of Acquisition of state bank of Travancore
Submitted By:
Plaintiff
Relevance:
Background information about the plaintiff bank.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Verification of any encumbrances on assets.
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between The State Bank of India et al vs Haneefa R.K regarding realisation of money
Case Code Year
Case between The State Bank of India et al vs Haneefa R.K regarding realisation of money