Case Summary
Kerala Gramin Bank filed a suit against M/s.Bouchon Cakes for the recovery of a loan amounting to Rs.75,841.50 that the defendant failed to repay despite several demands. The court found in favor of the plaintiff after the defendant remained exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.75,841.50 with future interest at 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the amount of Rs.75,841.50 along with future interest. Costs are also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff proved their case with unchallenged evidence.
The plaintiff proved their case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved their case with unchallenged evidence.
The plaintiff proved their case with unchallenged evidence.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result suit is decreed as follows: 1) The plaintiff is entitled to get Rs.75,841.50 (Rupees seventy five thousand eight hundred and forty one and five zero paise only) with future interest at 12% per annum from the date of suit till the date of decree and with interest at 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s.Bouchon Cakes
- Party Age
- 24
- Relation
- Rep by Proprietor Nikhil U.V, S/o.Ajayakumar
Plaintiffs Documents
Agreement for MSME working capital limits – CC and OD, Pro note executed by defendant, Take delivery letter to D.P.N, Copy of Lawyer notice, Postal Receipt, Computer generated copy of accounts from the period of 17.09.2020 to 27.02.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.P.Jasmin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount of Rs.75,841.50 along with interest.
Evidence:
I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
This document is the loan agreement executed by the defendant to obtain the loan facility.
Reference:
Ext.A1
Document Type:
Pro note
Submitted By:
Plaintiff
Relevance:
This document is a promissory note executed by the defendant for the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document includes the confirmation for taking delivery of the loan.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer's notice issued to the defendant regarding the loan repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of delivery for the lawyer's notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Computer generated copy of accounts
Submitted By:
Plaintiff
Relevance:
This document shows the account details and outstanding amount due from the defendant.
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
Recovery of money
Case Code
Case between Kerala Gramin Bank vs M/s.Bouchon Cakes regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs M/s.Bouchon Cakes regarding realisation of money