Case Summary
Kerala Gramin Bank, represented by its Branch Manager, filed a suit against Shaiju K.P. and Leela for the recovery of a loan amount that was not repaid. The defendants failed to appear in court, leading to the suit being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay Rs.53,130/- with future interest @ 11% compounded monthly from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants would pay a total of Rs.53,130/- along with interest. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The plaintiff has succeeded in proving the case with unchallenged evidence.
The plaintiff has succeeded in proving the case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff has succeeded in proving the case with unchallenged evidence.
The plaintiff has succeeded in proving the case with unchallenged evidence.
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 the case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendants shall pay jointly and severally an amount of Rs.53,130/- (Rupees Fifty three thousand one hundred and thirty only) with future interest thereon @ 11% compounded monthly interest from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mrs. Preetha M.
- Relation
- W/o. Surendran
- Party Role
- Defendant
- Party Name
- Shaiju K.P.
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela
- Party Age
- 63
- Relation
- W/o
Plaintiffs Documents
Loan application submitted before Kerala Gramin Bank Branch, Chamal by Shyju K.P. and Leela, Memorandum of agreement for agricultural loan entered into between Kerala Gramin Bank and Shyju K.P.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Girish Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request for the repayment of the loan amount with interest.
Evidence:
The defendants shall pay jointly and severally an amount of Rs.53,130/- (Rupees Fifty three thousand one hundred and thirty only) with future interest thereon @ 11% compounded monthly interest from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by Shyju K.P. and Leela for availing an agricultural advance.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Agreement entered into between Kerala Gramin Bank and Shyju K.P. regarding the loan.
Reference:
Ext.A2
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Leela in favor of Shyju K.P. to facilitate the loan agreement.
Reference:
Ext.A3
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Communication issued by Kerala Gramin Bank confirming the loan sanction.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing the dues from the loan as of 23.03.2024.
Reference:
Ext.A5
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 Kerala Gramin Bank et al vs Shaiju K.P. et al regarding Suit for realisation of money.
Case Code Year
Case between Kerala Gramin Bank et al vs Shaiju K.P. et al regarding Suit for realisation of money.