Case Summary
Kerala Gramin Bank filed a suit against Bindu and others for the recovery of a loan amount. The defendants defaulted on their repayment obligations for a credit facility availed from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay 1,90,745.44/- to the plaintiff jointly and severally with interest at the rate of 7% till the date of decree and 6% till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay the loan amount with interest and costs. The defendants are held liable for defaulting on the repayment.
Why Plaintiff Won:
The plaintiff proved the default of payment by the defendants and justified its claim based on the loan agreement.
The plaintiff proved the default of payment by the defendants and justified its claim based on the loan agreement.
Losing Side's Weaknesses:
The plaintiff proved the default of payment by the defendants and justified its claim based on the loan agreement.
The plaintiff proved the default of payment by the defendants and justified its claim based on the loan agreement.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A6.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay 1,90,745.44/- 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
- Relation
- Rep. By its Principal Officer
- Party Role
- Defendant
- Party Name
- Bindu
- Party Age
- 45
- Relation
- D/o Moothoran
- Party Role
- Defendant
- Party Name
- Seenath
- Party Age
- 47
- Relation
- W/o Muhammed
- Party Role
- Defendant
- Party Name
- Laulath
- Party Age
- 36
- Relation
- W/o Rahmath Ali
- Party Role
- Defendant
- Party Name
- Athira
- Party Age
- 25
- Relation
- W/o Sidharth
- Party Role
- Defendant
- Party Name
- Padmini
- Relation
- W/o Surendran
Plaintiffs Documents
Inter-Se Agreement, Application for Joint Liability Group Loan Scheme, Pronote, Take Delivery letter to DPN, Letter of consent cum guarantee cum hypothecation agreement for JLG loans, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joseph. E.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Soshibha. A.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 1,90,745.44 from the defendants jointly and severally.
Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay 1,90,745.44/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit awarded to the plaintiff.
Evidence:
The defendant is also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the members of the joint liability group for all JLG loans.
Reference:
Ext.A1
Document Type:
Application for Joint Liability Group Loan Scheme
Submitted By:
Plaintiff
Relevance:
Submitted by defendants to obtain the loan.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document related to the delivery of funds to the defendants.
Reference:
Ext.A4
Document Type:
Letter of consent cum guarantee cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Agreement regarding the loan terms and guarantees provided.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Record of the loan repayment status and outstanding amounts.
Reference:
Ext.A6
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 vs Bindu et al regarding realization of money from defendants
Case Code Year
Case between Kerala Gramin Bank vs Bindu et al regarding realization of money from defendants