Case Summary
The plaintiff, State Bank of India Thiruvambadi Branch, has filed a suit against the defendant, Babu T Joseph, for the non-repayment of an agricultural loan. The defendant borrowed Rs. 7,00,000 but defaulted on the repayment despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs. 11,66,127 to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay an outstanding amount of Rs. 11,66,127 along with interest and costs. The defendant was set ex-parte due to absence during proceedings.
Why Plaintiff Won:
The defendant failed to repay the loan amount despite repeated demands.
The defendant failed to repay the loan amount despite repeated demands.
Losing Side's Weaknesses:
The defendant failed to repay the loan amount despite repeated demands.
The defendant failed to repay the loan amount despite repeated demands.
Supporting Evidence
The unchallenged oral testimony of PW1 very well goes to show that the defendant availed agricultural loan of Rs. 7,00,000 from the plaintiff bank on 26.02.2019. In spite of repeated demands, the defendant failed to repay the loan amounts.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 11,66,127/- (Rupees eleven lakh sixty six thousand one hundred and twenty seven only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- STATE BANK OF INDIA THIRUVAMBADI Branch
- Party Role
- Defendant
- Party Name
- BABU T JOSEPH
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Agricultural loan application, Letter of Agreement, Hypothecation Agreement, Memorandum of deposit of title deed, Gift deed No.2024/2017, Copy of Lawyer notice, True extract of the statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.S. Zhakaria
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Roshan Zakaria
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the outstanding loan amount.
Evidence:
Accordingly, the suit is decreed directing the defendant to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum until realization.
Evidence:
The plaintiff will be entitled for an interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Agricultural Loan application
Submitted By:
Plaintiff
Relevance:
The document shows the application for the agricultural loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Letter of Agreement
Submitted By:
Plaintiff
Relevance:
The document outlines the terms and conditions of the loan arrangement.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed by the defendant for securing the loan.
Reference:
Ext.A3
Document Type:
Memorandum of Deposit of Title Deed
Submitted By:
Plaintiff
Relevance:
The document confirms the deposit of title deeds as security for the loan.
Reference:
Ext.A4
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
The document related to property associated with the loan.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the defendant regarding the loan default.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment of the notice received by the defendant.
Reference:
Ext.A6(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement reflecting the outstanding amount due from the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between STATE BANK OF INDIA THIRUVAMBADI Branch vs BABU T JOSEPH regarding realisation of loan amount.
Case Code Year
Case between STATE BANK OF INDIA THIRUVAMBADI Branch vs BABU T JOSEPH regarding realisation of loan amount.