Case Summary
This suit involves Kerala Gramin Bank filing against Nidheesh. P and Jayakrishnan. N for recovery of a loan amount. The defendants defaulted on the repayment of the loan taken from the plaintiff bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay jointly and severally Rs.53,547/- 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount with interest. The defendants failed to present evidence to contest the plaintiff's claims.
Why Plaintiff Won:
The plaint claim of borrowal of the amount and the default of the payments is proved.
The plaint claim of borrowal of the amount and the default of the payments is proved.
Losing Side's Weaknesses:
The plaint claim of borrowal of the amount and the default of the payments is proved.
The plaint claim of borrowal of the amount and the default of the payments is proved.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A7 series.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.53,547/- (Rupees Fifty Three Thousand Five Hundred And Forty Seven Only) 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
- Rep. by Principal Officer/Senior Manager
- Party Role
- Defendant
- Party Name
- Nidheesh. P
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayakrishnan. N
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME Working Capital Limits, Guarantee Agreement, Guarantee Covering Letter, Take Delivery Letter to DPN, Pronote, Acknowledge of Debt and Security of Borrower/Coobligant, Account statement for the period from 02-07-2018 to 21-05-2022.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E. Manoj Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. N. Manoj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs.53,547/- from the defendants.
Evidence:
The defendants are directed to pay jointly and severally Rs.53,547/- (Rupees Fifty Three Thousand Five Hundred And Forty Seven Only) to the plaintiff.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff is entitled to interest on the amount due.
Evidence:
Interest can be fixed at the rate of 7% per annum till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The defendant is also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Provided evidence of the second defendant acting as a guarantor for the loan.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Supportive document related to the guarantee provided by the second defendant.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Related to the disbursement of the loan.
Reference:
Ext.A4
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Served as a promissory note for the loan taken by the defendants.
Reference:
Ext.A5
Document Type:
Acknowledge of Debt and Security of Borrower/Coobligant
Submitted By:
Plaintiff
Relevance:
Indicates the acknowledgment of debt by the first defendant.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Provided details of the outstanding balance owed by the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Nidheesh. P et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Nidheesh. P et al regarding realization of money.