Case Summary
The case involves Kerala Gramin Bank seeking recovery of a loan amount from the defendants. The defendants failed to repay a loan of ₹1,00,000/- taken for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay jointly and severally Rs.1,36,407/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay jointly and severally ₹1,36,407/- to the plaintiff with interest until realization. The plaintiff is also awarded the costs.
Why Plaintiff Won:
The plaintiff satisfactorily proved the loan agreement and the default in payment.
The plaintiff satisfactorily proved the loan agreement and the default in payment.
Losing Side's Weaknesses:
The plaintiff satisfactorily proved the loan agreement and the default in payment.
The plaintiff satisfactorily proved the loan agreement and the default in payment.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A8 series.
Judgment Evidence:
The suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.1,36,407/- (Rupees One Lakh Thirty Six Thousand Four Hundred And Seven Only) jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mundoli Ismayil
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Athan. M
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME Working Capital, Pronote, Take Delivery Letter to DPN, Guarantee Agreement, Guarantee Covering Letter, Acknowledgment of Debt and Security of Borrower/Coobligant, Demand notice, Account Statement for the Period from 01-01-2016 to 03-09-2021, Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E. Manojkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajina. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the loan amount and interest.
Evidence:
The defendants are directed to pay jointly and severally Rs.1,36,407/- (Rupees One Lakh Thirty Six Thousand Four Hundred And Seven Only) jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendants.
Evidence:
The defendants are also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement for MSME Working Capital
Submitted By:
Plaintiff
Relevance:
Executed agreement for MSME detailing loan terms.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Legal promissory note executed by the defendants.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Delivery acknowledgment letter related to the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing guaranteed obligations for the loan.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Covering letter relating to the guarantee.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security of Borrower/Coobligant
Submitted By:
Plaintiff
Relevance:
Document acknowledging debt by the defendants.
Reference:
Ext.A6
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice related to the outstanding loan amount.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of the account showing loan details and payments.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Mundoli Ismayil et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Mundoli Ismayil et al regarding realization of money.