Case Summary
The plaintiff, State Bank of India, is suing the defendant, Manoj, for non-repayment of a Working Capital Loan. The defendant defaulted on the loan amount of ₹2,22,810/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,22,810/- with future interest @12.40% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, allowing the plaintiff to recover ₹2,22,810/- along with future interest.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount stands unchallenged and undisputed due to the defendant being proceeded exparte.
The claim of the plaintiff to realize the amount stands unchallenged and undisputed due to the defendant being proceeded exparte.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount stands unchallenged and undisputed due to the defendant being proceeded exparte.
The claim of the plaintiff to realize the amount stands unchallenged and undisputed due to the defendant being proceeded exparte.
Supporting Evidence
On a perusal of plaint, proof affidavit and the documents the claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- STATE BANK OF INDIA
- Party Role
- Defendant
- Party Name
- MANOJ
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Hypothecation cum working capital agreement executed by the defendant in favour of the plaintiff, Statement of Account of Chambakulam Furniture, Letter of Arrangement issued by plaintiff bank to defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya. V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is entitled to recover the amount of ₹2,22,810 with interest.
Evidence:
The plaintiff is entitled to realize an amount of .2,22,810 (Rupees Two Lakhs Twenty Two Thousand Eight Hundred and Ten only) with future interest @12.40% per annum from the date of suit till the date of realization.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The claim of penal interest is denied.
Evidence:
However, the claim of penal interest is denied.
Documents & Evidence
Document Type:
Hypothecation cum Working Capital Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff to secure the Working Capital Loan.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial details of Chambakulam Furniture with the plaintiff bank.
Reference:
Ext.A2
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Official communication from the plaintiff bank to the defendant regarding loan arrangements.
Reference:
Ext.A3
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Another official communication regarding loan arrangements.
Reference:
Ext.A4
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Further arrangement details communicated to the defendant by the plaintiff bank.
Reference:
Ext.A5
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Relevant public notice related to the case.
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Letter sent from the defendant to the bank, indicating acknowledgment or desire to revive the loan.
Reference:
Ext.A7
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Further communication from the defendant to the bank regarding loan revival.
Reference:
Ext.A8
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Continued communication indicating the defendant's effort to manage the loan.
Reference:
Ext.A9
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Another letter from the defendant regarding loan matters.
Reference:
Ext.A10
Document Type:
NPA Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the bank indicating the non-performing asset status of the loan.
Reference:
Ext.A11
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Referenced but specifics not provided in the judgment.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between STATE BANK OF INDIA vs MANOJ regarding realization of money
Case Code Year
Case between STATE BANK OF INDIA vs MANOJ regarding realization of money