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Commercial Suit No. 57/2023

Case between State Bank of India vs K Preman regarding realisation of money

Court
Commercial Court of Kozhikode
Judge
Sri.Krishnankutty.K.V
Order Date
2025-01-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, State Bank of India, is seeking the recovery of a monetary amount from the defendant, K Preman. The defendant was set ex-parte as he was absent during the proceedings.

Judgment Outcome

Plaintiff Won
Interim Order
The court has ordered the defendant to pay the plaintiff a sum of ₹13,68,306 with interest. The plaintiff is also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹13,68,306 with 9% interest from the date of the suit till realisation
Case Type
Commercial Suit
Final Judgment
No
The court has ordered the defendant to pay the plaintiff a sum of ₹13,68,306 with interest. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the affidavit and evidence presented.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the affidavit and evidence presented.
Supporting Evidence
On the basis of above, preliminary decree passed as follows: 1. Defendant is directed to pay the plaintiff an amount of 13,68,306₹/(Rupees Thirteen Lakhs Sixty Eight Thousand Three Hundred and six only) with 9% interest from the date of the suit till realisation.

Judgment Evidence:

Defendant is directed to pay the plaintiff an amount of 13,68,306₹/(Rupees Thirteen Lakhs Sixty Eight Thousand Three Hundred and six only) with 9% interest from the date of the suit till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
Represented by
Party Role
Defendant
Party Name
K Preman
Party Age
42
Relation
S/o
Plaintiffs Documents
Loan application, Loan sanction letter, Hypothication cum agreement, Letter of arrangement, Notice to defendant, Account statements
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Sajeevan.M.V
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.P.Rajithkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant is directed to pay the plaintiff an amount.
Evidence:
Defendant is directed to pay the plaintiff an amount of 13,68,306₹/(Rupees Thirteen Lakhs Sixty Eight Thousand Three Hundred and six only) with 9% interest from the date of the suit till realisation.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realise the costs of the suit.
Evidence:
Plaintiff is entitled to realise the costs of the suit.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document serves as a basis for the loan claim.
Reference:
Ext.A1
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
Document evidences approval of the loan.
Reference:
Ext.A2
Document Type: Hypothication cum agreement
Submitted By: Plaintiff
Relevance:
Document outlines the terms of the loan agreement.
Reference:
Ext.A3
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
Document indicates the arrangement for the loan.
Reference:
Ext.A4
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
Document specifies a further arrangement related to the loan.
Reference:
Ext.A5
Document Type: Supplemental agreement cum hypothication
Submitted By: Plaintiff
Relevance:
Document provides details of supplementary loan agreement.
Reference:
Ext.A6
Document Type: Notice to defendant
Submitted By: Plaintiff
Relevance:
Document acts as a formal notice before legal proceedings.
Reference:
Ext.A7
Document Type: Non Starter Report
Submitted By: Plaintiff
Relevance:
Document shows that the loan was not started as planned.
Reference:
Ext.A8
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Document provides financial details related to the account.
Reference:
Ext.A9
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Document provides financial details related to another account.
Reference:
Ext.A10
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Document provides financial details related to yet another account.
Reference:
Ext.A11

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs K Preman regarding realisation of money
Case Code Year
Case between State Bank of India vs K Preman regarding realisation of money

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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