Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover a loan amount from the defendants, Rafeek. K.V and Lalitha. The defendants defaulted on repayment of the loan that had become overdue.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay 2,75,137/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and 6% thereafter till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the overdue amount along with interest.
Why Plaintiff Won:
The plaint claim of borrowal of the amount and default of payments is proved.
The plaint claim of borrowal of the amount and default of payments is proved.
Losing Side's Weaknesses:
The plaint claim of borrowal of the amount and default of payments is proved.
The plaint claim of borrowal of the amount and default of payments is proved.
Supporting Evidence
The plaint claim of borrowal of the amount and default of payments is proved by the affidavit of PW1 and documents No.A1 to A11.
Judgment Evidence:
The suit is decreed as follows: 1. The defendants are directed to pay 2,75,137/- (Rupees Two Lakhs Seventy Five Thousand One Hundred And Thirty Seven Only) to the plaintiff jointly and severally 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
- Kerala Gramin Bank, Now called as Kerala Grameena Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rafeek. K.V
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lalitha
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Request for overdraft facilities, Pronote, Take delivery letter to DPN, Agreement for Open cash credit, Guarantee Agreement, Guarantee Covering letter, Acknowledgment of debt and security
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joseph. E.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. V.R. Jishara
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P. Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bijumon. E.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount with interest and costs.
Evidence:
The plaintiff is entitled to get a decree accordingly.
Relief Type:
Costs
Outcome:
Granted
Description:
The costs of the suit are to be paid by the defendants to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document was submitted to support the loan request.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document serves as the formal acknowledgment of the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This letter is related to the loan disbursement procedure.
Reference:
Ext.A3
Document Type:
Agreement for Open cash credit/ Retail credit card/Swarozgar credit card
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the credit allowed.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement provides for the guarantee by the second defendant.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This letter accompanies the guarantee provided by the second defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the first defendant's acknowledgment of the debt.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms another acknowledgment of the debt.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This is yet another confirmation of the existing debt.
Reference:
Ext.A9
Document Type:
Printout of account statement with certificate
Submitted By:
Plaintiff
Relevance:
Provides detailed account information supporting the claim.
Reference:
Ext.A10
Document Type:
Copy of Lawyer Notice with postal receipts, A/D cards and unserved cover
Submitted By:
Plaintiff
Relevance:
This document shows the attempts to notify defendants regarding the loan.
Reference:
Ext.A11
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 Gramin Bank et al vs Rafeek. K.V et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank et al vs Rafeek. K.V et al regarding realization of money.