Case Summary
The plaintiff, Kerala Grameena Bank, granted a loan to the defendant, Louis Samson, who defaulted on repayment. The bank subsequently filed a suit to recover the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff shall be entitled to realize Rs.16,935 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to realize a specified sum from the defendant along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged oral testimony and relevant documents.
The plaintiff proved the case through unchallenged oral testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged oral testimony and relevant documents.
The plaintiff proved the case through unchallenged oral testimony and relevant documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A6 documents produced by her.
Judgment Evidence:
The plaintiff shall be entitled to realize Rs.16,935 (Rupees Sixteen thousand nine hundred and thirty five only) from the defendant with interest at the rate of 10 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Grameena Bank
- Party Role
- Defendant
- Party Name
- Louis Samson
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Loan agreement dated 31.08.2021, take delivery letter to demand promissory note, demand promissory note, account statement, lawyer notice, undelivered cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. K. Ramachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abdul Raof
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ameya. V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a sum of money from the defendant with interest.
Evidence:
The result states, 'The plaintiff shall be entitled to realize Rs.16,935 from the defendant with interest at the rate of 10 percent from date of suit till date of decree.'
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the proceedings to the plaintiff.
Evidence:
The judgment includes the statement, 'The defendant shall pay costs of the proceedings to the plaintiff.'
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the loan agreement executed by the defendant for the loan granted by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Take delivery letter to Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This letter was executed by the defendant to acknowledge receipt of the promissory note.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendant with the obligation to repay the loan.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This account statement details the transactions related to the loan from the start date to the specified date.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff to the defendant demanding repayment of the loan amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the notice to the defendant.
Reference:
Ext.A5(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document shows that the notice sent to the defendant was not delivered.
Reference:
Ext.A6
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 Grameena Bank vs Louis Samson regarding realization of money
Case Code Year
Case between Kerala Grameena Bank vs Louis Samson regarding realization of money