Case Summary
The plaintiff, State Bank of India, filed a suit against Mobile World and its proprietor for recovery of loans that were not repaid. The defendants failed to appear, and the court heard the case based on the evidence presented by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹8,51,431/- with interest at the rate of 12.40% per annum from the date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing recovery of the loan amount along with interest. The defendants did not appear to contest the claims.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹8,51,431/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mobile World
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohammad Faizal
- Relation
- null
Plaintiffs Documents
Loan Application dated 01/12/2019, Letter of Arrangement dated 07/12/2019, Agreement of Loan-cum-hypothecation dated 07/12/2019, Statement of Account, Letter of Arrangement dated 12/06/2020, Supplemental Agreement of Loan-cum-hypothecation dated 12/06/2020, Statement of Account with Certificate, Lawyer’s Notice dated 02/04/2024, Postal Receipts, Acknowledgment Card, Original Returned Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Manvila. T.M. Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹8,51,431/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹8,51,431/- with interest at the rate of 12.40% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.40% per annum with monthly rests.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12.40% per annum with monthly rests from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application dated 01/12/2019 supports the plaintiff's claim for recovery of money.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
The letter of arrangement dated 07/12/2019 details the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement of Loan-cum-Hypothecation
Submitted By:
Plaintiff
Relevance:
The agreement of loan-cum-hypothecation dated 07/12/2019 outlines the hypothecation of stock as collateral.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account provides evidence of the loan transactions.
Reference:
Ext.A4
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
The letter dated 12/06/2020 pertains to the additional loan under GECL.
Reference:
Ext.A5
Document Type:
Supplemental Agreement of Loan-cum-hypothecation
Submitted By:
Plaintiff
Relevance:
The supplemental agreement dated 12/06/2020 revises the original loan terms.
Reference:
Ext.A6
Document Type:
Statement of account with certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the details of the plaintiff's claims regarding the loan.
Reference:
Ext.A7
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The lawyer’s notice dated 02/04/2024 indicates formal demand for repayment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The postal receipts validate the delivery of notices sent to the defendants.
Reference:
Ext.A9 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card is proof of receipt of communication by the defendants.
Reference:
Ext.A10
Document Type:
Original Returned Notice
Submitted By:
Plaintiff
Relevance:
The original returned notice demonstrates that the defendants were notified.
Reference:
Ext.A11
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
Case between State Bank of India vs Mobile World et al regarding recovery of money.
Case Code Year
Case between State Bank of India vs Mobile World et al regarding recovery of money.