Case Summary
Karnataka Bank Ltd. filed a suit against Muhammed Safarull Arafat for the recovery of a loan amount. The defendant defaulted on repayment despite several reminders and acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs.2,99,411/- with interest at the rate of 12% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.2,99,411/- along with interest at 12% per annum from the date of the suit until realization. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully proved the borrower’s liability through unchallenged evidence and documentation.
The plaintiff successfully proved the borrower’s liability through unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff successfully proved the borrower’s liability through unchallenged evidence and documentation.
The plaintiff successfully proved the borrower’s liability through unchallenged evidence and documentation.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case and he is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant shall pay an amount of Rs.2,99,411/- (Rupees Two Lakhs Ninety Nine Thousand Four Hundred and Eleven only) to the plaintiff with interest at the rate of 12% per annum from the date of suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karnataka Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Muhammed Safarull Arafat
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Credit sanction intimation issued by Karnataka Bank Ltd., Term Loan Agreement executed between Muhammed Saffarul Arafath and Aniraj T.P., Letter of Hypothecation sent by Muhammed Saffarul Arafath to the Branch Head, Hypothecation Agreement executed, Acknowledgment of debt and security signed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil G.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the outstanding loan amount with interest.
Evidence:
The defendant shall pay an amount of Rs.2,99,411/- to the plaintiff with interest at the rate of 12% per annum from the date of suit till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover the costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Used to establish the loan amount sanctioned.
Reference:
Ext.A1
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Executed to formalize the loan arrangement.
Reference:
Ext.A2
Document Type:
Letter of Hypothecation
Submitted By:
Plaintiff
Relevance:
Confirms the hypothecation of assets for the loan.
Reference:
Ext.A3
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Detailed hypothecation of machinery for loan security.
Reference:
Ext.A4
Document Type:
Letter of Key Fact Statement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Summarizes key facts regarding hypothecation.
Reference:
Ext.A5
Document Type:
Consent Letter from Borrower
Submitted By:
Plaintiff
Relevance:
Confirms the borrower's consent to the loan terms.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledges the borrower's debt to the bank.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding payment from the defendant.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms mailing of the lawyer notice.
Reference:
Ext.A8(a)
Document Type:
Returned Registered Notice
Submitted By:
Plaintiff
Relevance:
Serves as proof of delivery of legal notice.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides account details including outstanding amount.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Karnataka Bank Ltd. et al vs Muhammed Safarull Arafat regarding realisation of money.
Case Code Year
Case between Karnataka Bank Ltd. et al vs Muhammed Safarull Arafat regarding realisation of money.