Case Summary
Kerala Gramin Bank filed a suit against Muhammadali VK and others for the recovery of a loan amount. The defendants had availed a cash credit loan but failed to repay the amount despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 1,10,488/- with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover an amount of Rs. 1,10,488/- from the defendants with interest. The defendants are also liable for the costs of the suit.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved entitlement to the decree.
The unchallenged evidence of the plaintiff proved entitlement to the decree.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proved entitlement to the decree.
The unchallenged evidence of the plaintiff proved entitlement to the decree.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A13 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 1,10,488/- (Rupees One Lakh Ten Thousand Four Hundred and Eighty Eight only) from the defendants with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Muhammadali VK
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Muhammed Rafi
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bushara
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jijeesh
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Various loan documents and agreements executed by the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A Girish Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 1,10,488/- from the defendants with interest.
Evidence:
In the result, the suit is decreed as follows:- 1. The plaintiff is entitled to realise an amount of Rs. 1,10,488/- (Rupees One Lakh Ten Thousand Four Hundred and Eighty Eight only) from the defendants with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
2. The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by Muhammadali KK to The Manager, Kerala Gramin Bank, Chamal.
Reference:
Ext.A1
Document Type:
Guarantee offer and consent application
Submitted By:
Plaintiff
Relevance:
The Guarantee offer and consent application submitted by Muhammed Rafi to Kerala Gramin Bank, Chamal.
Reference:
Ext.A2
Document Type:
Guarantee offer and consent application
Submitted By:
Plaintiff
Relevance:
The guarantee offer and consent application submitted by Bushara to Kerala Gramin Bank, Chamal.
Reference:
Ext.A3
Document Type:
Guarantee offer and consent application
Submitted By:
Plaintiff
Relevance:
The Guarantee offer and consent application submitted by Jijesh to Kerala Gramin Bank, Chamal.
Reference:
Ext.A4
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
The agreement for MSME working capital limits CC and OD entered into between Muhammad Ali and Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Pronote for Rs.1,00,000/- executed by Muhammad Ali, to the Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A6
Document Type:
Delivery Letter
Submitted By:
Plaintiff
Relevance:
Take delivery letter to DPN executed by MuhammadAli VK to The Manager, Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A7
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The guarantee agreement entered into between Muhammad Ali VK and Muhammad Rafi with Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A8
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The guarantee agreement entered into between Muhammad Ali VK and Bushara with Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A9
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement entered into between Muhammad Ali VK and Jijesh with Kerala Gramin Bank, Chamal Branch.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv.A Girish Kumar to Muhammadali.
Reference:
Ext.A11
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Loan sanction letter sent by Kerala Gramin Bank to Muhammadali.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of statement of Account of Muhammadali VK issued by Kerala Gramin Bank, Chamal branch.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Muhammadali VK et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Muhammadali VK et al regarding realisation of money