Case Summary
Kerala Gramin Bank filed a suit for recovery of loan amount against the defendant Hussain A., who borrowed money for purchasing a vehicle but failed to repay. The court held a hearing where evidence was presented regarding the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
`1,57,173/- with 6% interest from the date of suit till the date of realization and costs of the suit.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount with interest. Additionally, costs of the suit were awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff established the loan availed by the defendant through unchallenged evidence.
The plaintiff established the loan availed by the defendant through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintiff has established that defendant has availed loan of `1,69,000/- for the purchase of APE Diesel Three Wheeler Piaggio vehicle from the plaintiff bank.
Judgment Evidence:
In the result, suit is decreed as follows: 1. `1,57,173/- with 6% interest from the date of suit till the date of realization. 2. Plaintiff is also entitled to costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Hussain A.
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Loan Application of the defendant, Deed of Hypothecation regarding vehicles, Annexure to Deed of Hypothecation regarding vehicles, Agreement, Copy of Certificate of registration of vehicles, Statement of Account, Acknowledgment of debt and security of borrower/co-obligant, Copy of Suit Notice, Postal Receipt, Unclaimed Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Deepu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay the amount due with interest.
Evidence:
In the result, suit is decreed as follows: `1,57,173/- (Rupess One Lakh Fifty Seven Thousand One Hundred and Seventy Three only) with 6% interest from the date of suit till the date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendant.
Evidence:
Plaintiff is also entitled to costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendant for availing the loan.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation regarding Vehicles
Submitted By:
Plaintiff
Relevance:
Document establishing the hypothecation of the vehicle as security for the loan.
Reference:
Ext.A2
Document Type:
Annexure to Deed of Hypothecation regarding vehicles
Submitted By:
Plaintiff
Relevance:
Annexure providing additional details related to the hypothecation.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the loan between the plaintiff and defendant.
Reference:
Ext.A4
Document Type:
Copy of Certificate of registration of vehicles
Submitted By:
Plaintiff
Relevance:
Certificate confirming the registration of the vehicle hypothecated.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the payment history and outstanding balance of the loan.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
Acknowledgment document confirming the defendant's debt and security.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
Another acknowledgment confirming debt and security from the borrower.
Reference:
Ext.A8
Document Type:
Copy of suit notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding the suit.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the dispatch of the notice.
Reference:
Ext.A10
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Notice returned as unclaimed after delivery attempt.
Reference:
Ext.A11
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Hussain A. regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Hussain A. regarding loan repayment