Case Summary
The plaintiff, Kerala Grameena Bank, filed a suit against the defendant, Musthak Ali. K. V, for recovery of a loan amount due to default in repayment. The defendant had taken a loan of Rs.1,10,000 and has not repaid any amount despite receiving notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.31,991/- from the defendant with interest at the rate of 9.25 percent from date of suit till date of decree and future interest at the rate of 6 percent from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the amount due along with interest. The defendant is also required to pay the costs of the proceedings.
Why Plaintiff Won:
The suit was proven by the unchallenged oral testimony of the plaintiff's witness and the evidence produced.
The suit was proven by the unchallenged oral testimony of the plaintiff's witness and the evidence produced.
Losing Side's Weaknesses:
The suit was proven by the unchallenged oral testimony of the plaintiff's witness and the evidence produced.
The suit was proven by the unchallenged oral testimony of the plaintiff's witness and the evidence produced.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A7 documents produced by him.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs.31,991/- (Rupees Thirty one thousand nine hundred and ninety one) from the defendant with interest at the rate of 9.25 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
- Musthak Ali. K. V
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Loan agreement dated 26.06.2020, Take delivery letter, Demand promissory note, Account statement, Acknowledgment of debt and security, Lawyer notice issued to the defendant, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. A. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amaya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abdul Raoof. V. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Narayanan. V. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim to recover the loan amount with interest.
Evidence:
The plaintiff shall be entitled to realize Rs.31,991/- (Rupees Thirty one thousand nine hundred and ninety one) from the defendant with interest at the rate of 9.25 per cent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Cost of the proceedings to be paid by the defendant to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Take delivery letter to Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of the loan documentation.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant to formalize the loan.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document signed by the defendant acknowledging debt.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff to remind the defendant of the default.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by the defendant.
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 Grameena Bank vs Musthak Ali. K. V regarding realization of money
Case Code Year
Case between Kerala Grameena Bank vs Musthak Ali. K. V regarding realization of money