Case Summary
The plaintiff, Kerala Gramin Bank, seeks to realize a cash credit loan amount due from the defendants, Mrs. Khyrunnissa. K and Mr. MujeebRahman.E, who have defaulted on their payments. The case also involves an acknowledgment of debt by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay Rs.1,12,383/- with interest and the costs of the suit.
Case Type
Original Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendants are directed to pay the principal amount along with interest and costs as specified.
Why Plaintiff Won:
The plaintiff proved the claim of borrowal and default through the affidavit and supporting documents.
The plaintiff proved the claim of borrowal and default through the affidavit and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved the claim of borrowal and default through the affidavit and supporting documents.
The plaintiff proved the claim of borrowal and default through the affidavit and supporting documents.
Supporting Evidence
Issue No.1:- Plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A11(a).
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay Jointly and severally Rs.1,12,383/- (Rupees One Lakh Twelve Thousand Three Hundred And Eighty Three Only) to the plaintiff with 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
- Relation
- Rep. By its Branch Manager
- Party Role
- Defendant
- Party Name
- Mrs. Khyrunnissa. K
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. MujeebRahman.E
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Loan application, guarantee offer, promissory note, acknowledgment of debt, various agreements, lawyer notice, account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Girish Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the amount due to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay Jointly and severally Rs.1,12,383/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are also directed to pay the costs of the suit.
Evidence:
The defendants are also directed to pay jointly and severally the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document was submitted by the first defendant for availing a cash credit loan.
Reference:
Ext.A1
Document Type:
Guarantee offer and consent application
Submitted By:
Plaintiff
Relevance:
This document was executed by the second defendant to guarantee the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement relates to MSME workers capital limited - CC and OD.
Reference:
Ext.A3
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
This document pertains to a request made by the first defendant.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This note promises payment of the loan amount to the plaintiff.
Reference:
Ext.A5
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document pertains to the delivery of documents related to the loan.
Reference:
Ext.A6
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement was executed by the second defendant to guarantee the loan.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document acknowledges the liability of the first defendant.
Reference:
Ext.A8
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This covering letter was executed by the second defendant.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to inform the defendants of the legal action.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt was related to the sending of the lawyer notice.
Reference:
Ext.A10(a)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement reflects the financial transactions related to the loan.
Reference:
Ext.A11
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the account statement.
Reference:
Ext.A11(a)
Case Classification
Case Type
Original 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, Mavoor Branch vs Mrs. Khyrunnissa. K et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank, Mavoor Branch vs Mrs. Khyrunnissa. K et al regarding realization of money