Case Summary
The case involves Sree Krishana Bankers and the defendant Binu. M concerning the recovery of a loan amount. The plaintiff alleges non-payment of the borrowed sum and associated interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,74,000/- with interest at the rate of 7% till the date of decree and 6% per annum thereafter till realization
Case Type
Original Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff proved the default in payment by the defendant and provided documented evidence supporting the claim.
The plaintiff proved the default in payment by the defendant and provided documented evidence supporting the claim.
Losing Side's Weaknesses:
The plaintiff proved the default in payment by the defendant and provided documented evidence supporting the claim.
The plaintiff proved the default in payment by the defendant and provided documented evidence supporting the claim.
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 A14. The claim of the plaintiff that he is entitled to get an interest at the rate of 18% per annum cannot be entertained as it is exorbitant.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendant is directed to pay Rs.1,74,000/- (Rupees One Lakh And Seventy Four Thousand 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
- K.T.Biju
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu. M
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Photocopy of Loan application, Photocopy of Agreement, Photocopy of receipt issued by defendant, Photocopy of Promissory Note issued by defendant, Photocopy of lawyer notice to Binu. M
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.P. Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Gokul. C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.1,74,000/- to the plaintiff.
Evidence:
The suit is decreed as follows: The defendant is directed to pay Rs.1,74,000/- 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 realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Photocopy of Loan application.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Photocopy of Loan application.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of Agreement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of Agreement.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of receipt issued by defendant.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of receipt issued by wife of defendant.
Reference:
Ext.A6
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Photocopy of Promissory Note issued by defendant.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Photocopy of Promissory Note issued by wife of defendant.
Reference:
Ext.A8
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Photocopy of Cheque bearing no. 049859 (Bank of India).
Reference:
Ext.A9
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Photocopy of Cheque return memo.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Photocopy of lawyer notice to Binu. M.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of Postal Receipt.
Reference:
Ext.A12
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Photocopy of Postal Acknowledgment Card.
Reference:
Ext.A13
Document Type:
Registration issue
Submitted By:
Plaintiff
Relevance:
Photocopy of Registration issued by commercial taxes department.
Reference:
Ext.A14
Case Classification
Case Type
Original 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 Sree Krishana Bankers vs Binu. M regarding money recovery
Case Code Year
Case between Sree Krishana Bankers vs Binu. M regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act