Case Summary
Kerala Gramin Bank is the plaintiff seeking to recover a loan amount from the defendant, Lamina K, who failed to repay the loan taken for agricultural purposes. The court found the claim valid as the defendant did not enter an appearance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.1,05,144.50/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount with reduced interest. Costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
Losing Side's Weaknesses:
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and unchallenged documents.
Supporting Evidence
The claim of the plaintiff as to the interest is exorbitant. The interest from the date of suit till realisation can be fixed at the rate of 6%.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.1,05,144.50/- to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Rep.by its Manager
- Party Role
- Defendant
- Party Name
- Lamina K
- Party Age
- 38
- Relation
- W/o.Salim
Plaintiffs Documents
Loan application, Loan agreement, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Joby Thadathil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Rose Mary Robert
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs.1,05,144.50/- to the plaintiff with interest.
Evidence:
The defendant is directed to pay Rs.1,05,144.50/- (Rupees One Lakh Five Thousand One Hundred And Forty Four And Fifty Paise Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to the plaintiff.
Evidence:
The defendant is also directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document supporting the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding balance and payment history.
Reference:
Ext.A3
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 Lamina K regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Lamina K regarding realisation of money