Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from Bouchon Cakes. The defendant defaulted on the loan repayment, leading to this suit for the recovery of the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.3,76,754.66 with interest at the rate of 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of Kerala Gramin Bank, directing Bouchon Cakes to pay the specified amount with interest. The court also awarded costs of the suit to the plaintiff.
Why Plaintiff Won:
The plaintiff's claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
The plaintiff's claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff claims 12.6% quarterly interest from the defendant. The interest claimed by the plaintiff is exorbitant.
Judgment Evidence:
In the result, suit is decreed as follows: a) The defendant is directed to pay Rs.3,76,754.66 to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bouchon Cakes
- Party Age
- 24
- Relation
- Rep. By
Plaintiffs Documents
Agreement for non Farm Sector Term Loans, Pronote, Take Delivery Letter to DPN, Copy of Lawyer Notice, Postal Receipt, Account Statement for the period from 17-09-2020 to 17-02-2023, Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Jasmin. A. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay the outstanding loan amount with interest.
Evidence:
The defendant is directed to pay Rs.3,76,754.66/- (Rupees Three Lakhs Seventy Six Thousand Seven Hundred And Fifty Four And Sixty Six Paise Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Agreement for non Farm Sector Term Loans
Submitted By:
Plaintiff
Relevance:
Document supports the claim of loan borrowal by the defendant.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidences the defendant's commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Related to loan disbursement confirmation.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Intimation sent to the defendant regarding loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A5
Document Type:
Account Statement for the period from 17-09-2020 to 17-02-2023
Submitted By:
Plaintiff
Relevance:
Shows outstanding amount payable by the defendant.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Serves as validation of the loan details.
Reference:
Ext.A6(a)
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 Bouchon Cakes regarding money realization
Case Code Year
Case between Kerala Gramin Bank vs Bouchon Cakes regarding money realization