Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover loans from the defendants Mr. Riffas. M and Mr. Suresh. K, who are claimed to be irregular in their loan payments. The suit pertains to the enforcement of loan agreements and recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of Rs.1,24,556/- with future interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, requiring the defendants to pay an amount due along with interest. The plaintiff's case was supported by documentary evidence and testimonies.
Why Plaintiff Won:
The plaintiff established their case through unchallenged testimony and evidence provided.
The plaintiff established their case through unchallenged testimony and evidence provided.
Losing Side's Weaknesses:
The plaintiff established their case through unchallenged testimony and evidence provided.
The plaintiff established their case through unchallenged testimony and evidence provided.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and exhibits A1 to A16 documents in evidence.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant are directed to pay an amount of Rs.1,24,556/- (Rupees one lakh twenty four thousand five hundred and fifty six only) with future interest at 9 per cent per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank, Mavoor Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Riffas. M
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Suresh. K
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Loan sanction communication, Agreement for MSME working capital limits, Guarantee agreement, Request for overdraft facility, Promissory note, Acknowledgments of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Gireesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K.Ramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of Rs.1,24,556 with future interest.
Evidence:
In the result, suit is decreed as follows: 1)The defendant are directed to pay an amount of Rs.1,24,556...
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document is the loan sanction communication to borrowers/co-obligants/guarantors.
Reference:
Ext.A1
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms for the MSME working capital limits sanctioned to the first defendant.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement submitted by the second defendant for the loan.
Reference:
Ext.A3
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This request document was executed by the first defendant for obtaining overdraft facilities.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This promissory note is executed by the first defendant for the loan amount of Rs.1,00,000.
Reference:
Ext.A5
Document Type:
Take Delivery to DPN
Submitted By:
Plaintiff
Relevance:
This is the take delivery letter to DPN executed by the first defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This acknowledgment of debt is executed by the first defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
This acknowledgment of liability is executed by the second defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This acknowledgment of debt is executed by both defendants.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is a copy of the lawyer's notice issued regarding the loan.
Reference:
Ext.A10
Document Type:
Statement Account
Submitted By:
Plaintiff
Relevance:
This is the certified extract of the statement of account for loan No.MSRCC 40403131000265.
Reference:
Ext.A11
Document Type:
Agreement for Non Farm Sector Term Loan
Submitted By:
Plaintiff
Relevance:
This agreement is for the non-farm sector term loan taken by the first defendant.
Reference:
Ext.A12
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is another guarantee agreement submitted by the second defendant.
Reference:
Ext.A13
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This is the promissory note executed by the first defendant for the loan amount of Rs.19,000.
Reference:
Ext.A14
Document Type:
Take Delivery to DPN
Submitted By:
Plaintiff
Relevance:
This is the take delivery letter to DPN executed by the first defendant.
Reference:
Ext.A15
Document Type:
Statement Account
Submitted By:
Plaintiff
Relevance:
This is the certified extract of the statement of account for loan No.GECL 70315419000521.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank et al vs Mr. Riffas. M, Mr. Suresh. K regarding realisation of amount.
Case Code Year
Case between Kerala Gramin Bank et al vs Mr. Riffas. M, Mr. Suresh. K regarding realisation of amount.