Case Summary
The plaintiff, State Bank of India, is seeking to recover money from the defendant, Mr. Jagath K.M. The defendant was absent and set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay the plaintiff an amount of 12,69,426 ₹ with 9% interest.
Case Type
Commercial Suit
Final Judgment
No
The court directed the defendant to pay the plaintiff an amount of ₹12,69,426 along with interest from the date of the suit. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the affidavit and documents submitted.
The case of the plaintiff stands proved based on the affidavit and documents submitted.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the affidavit and documents submitted.
The case of the plaintiff stands proved based on the affidavit and documents submitted.
Supporting Evidence
On the basis of above, preliminary decree passed as follows: Defendant is directed to pay the plaintiff an amount of 12,69,426 ₹ /- (Rupees Twelve Lakhs Sixty Nine Thousand Four Hundred and Twenty 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 12,69,426 ₹ /- (Rupees Twelve Lakhs Sixty Nine Thousand Four Hundred and Twenty 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
- Party Role
- Defendant
- Party Name
- Mr. Jagath K.M
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Loan Application, Letter of Arrangement, Agreement of Loan Cum Hypothecation, Copy of Lawyer Notice, Returned postal cover of the defendant, Acknowledgement Card of Defendant, True extract of the Statement of Account, Certificate showing the closure balance, True copy of the RBI Circulars, Interest Statement, Non Starter Report.
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
- Smt.Naveena.T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sruthi.C.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Saranya.O
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Shyna.H
- 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
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jeswin James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the plaintiff an amount of ₹12,69,426 with interest from the date of the suit.
Evidence:
On the basis of above, preliminary decree passed as follows: Defendant is directed to pay the plaintiff an amount of 12,69,426 ₹ with 9% interest from the date of the suit till realisation.
Relief Type:
Recovery
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:
Filed as part of the evidence to support the plaintiff's claim for loan realization.
Reference:
Ext.A1
Document Type:
Letter of arrangement
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to support the plaintiff's claim for loan realization.
Reference:
Ext.A2
Document Type:
Agreement of loan cum hypothecation
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to support the plaintiff's claim for loan realization.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to notify the defendant regarding the loan due.
Reference:
Ext.A4
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to show the defendant's firm address was closed.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to confirm the receipt of the documents by the defendant.
Reference:
Ext.A6
Document Type:
True extract of the statement of account
Submitted By:
Plaintiff
Relevance:
Filed to show the transaction history pertaining to the Cash Credit account.
Reference:
Ext.A7
Document Type:
Certificate showing the closure balance
Submitted By:
Plaintiff
Relevance:
Filed to demonstrate the closure balance of the Cash Credit account.
Reference:
Ext.A8
Document Type:
True copy of the RBI Circular
Submitted By:
Plaintiff
Relevance:
Filed as part of regulatory compliance supporting the claim.
Reference:
Ext.A9
Document Type:
True copy of the RBI Circular
Submitted By:
Plaintiff
Relevance:
Filed as part of regulatory compliance supporting the claim.
Reference:
Ext.A10
Document Type:
Interest Statement
Submitted By:
Plaintiff
Relevance:
Filed to show the interest calculation on the loan amount.
Reference:
Ext.A11
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Filed as evidence related to the status of the loan repayment.
Reference:
Ext.A12
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 Mr. Jagath K.M regarding realisation of money.
Case Code Year
Case between State Bank of India vs Mr. Jagath K.M regarding realisation of money.