ORIGINAL SUIT No.733/2024

Case between Kerala Gramin Bank vs Sobhitha.A.K et al regarding realisation of money

Court

COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE

Judge

Smt.ANJALI. P

Order Date

2025-09-15

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

Kerala Gramin Bank is the plaintiff seeking repayment of a loan amount from the defendants, Sobhitha.A.K and Abdul Rasheed. The defendants failed to repay the loan despite multiple acknowledgments of debt.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered the defendants to pay the loan amount along with interest and costs. The interest rate was set at 9% instead of the claimed 16%.

Judgment Favored

Plaintiff

Relief Granted

Defendants are directed to pay a sum of Rs.4,20,789/- with interest and costs

Case Type

Civil Suit

Final Judgment

The court ordered the defendants to pay the loan amount along with interest and costs. The interest rate was set at 9% instead of the claimed 16%.

Why Plaintiff Won:
The plaintiff proved its case through unchallenged oral testimony and documentary evidence.

Losing Side's Weaknesses:
The plaintiff proved its case through unchallenged oral testimony and documentary evidence.

Supporting Evidence

The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents tendered by him.

Judgment Evidence:

In the result, 1. The defendants are hereby directed to pay a sum of Rs. 4,20,789/- (Rupees four lakhs twenty thousand seven hundred and eighty nine only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realisation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kerala Gramin Bank
Relation: Represented by

Party Role: Defendant
Party Name: Sobhitha.A.K
Party Age: 43
Relation: W/o

Party Role: Defendant
Party Name: Abdul Rasheed
Party Age: 61
Relation: S/o

Plaintiffs Documents

Demand promissory note dated 29.11.2008, Acknowledgment of Debt dated 01.08.2011, various loan documents.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.Balakrishnan.C
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The defendants are directed to pay the sum of Rs. 4,20,789/- along with interest.

Evidence:

The defendants are hereby directed to pay a sum of Rs. 4,20,789/- (Rupees four lakhs twenty thousand seven hundred and eighty nine only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realisation.

Relief Type: Cost

Outcome: Granted

Description:

The defendants shall pay the cost of the proceeding to the plaintiff.

Evidence:

The normal rule is that cost shall follow event.

Documents & Evidence

Document Type: Demand Promissory Note

Submitted By: Plaintiff

Relevance:

To establish the loan agreement between the bank and the first defendant.

Reference:

Ext.A1

Document Type: Take Delivery Letter

Submitted By: Plaintiff

Relevance:

To confirm the delivery of the demand promissory note.

Reference:

Ext.A2

Document Type: Agreement for Open Cash Credit/Retail Credit Card/Swarozgar Credit Card

Submitted By: Plaintiff

Relevance:

To specify the terms of the cash credit facility availed by the first defendant.

Reference:

Ext.A3

Document Type: Application for Restructure Facility

Submitted By: Plaintiff

Relevance:

To evidence the request by the defendants for restructuring the loan.

Reference:

Ext.A4

Document Type: Demand Promissory Note

Submitted By: Plaintiff

Relevance:

Related to the restructured loan facility dated 15.03.2012.

Reference:

Ext.A5

Document Type: Take Delivery Letter

Submitted By: Plaintiff

Relevance:

To confirm the delivery of the restructured demand promissory note.

Reference:

Ext.A6

Document Type: Restructured Loan Sanction Letter

Submitted By: Plaintiff

Relevance:

To provide evidence of the loan restructuring approval.

Reference:

Ext.A7

Document Type: True copy of Lawyer Notice

Submitted By: Plaintiff

Relevance:

To notify the defendants regarding the repayment demand.

Reference:

Ext.A8

Document Type: Statement of Accounts

Submitted By: Plaintiff

Relevance:

To detail the financial transactions related to the defendants' accounts.

Reference:

Ext.A9