Case Summary
Kerala Gramin Bank, represented by its Manager, has filed a suit against Pushpavally for the recovery of an agricultural loan amounting to Rs.1,24,618.54. The defendant failed to repay the loan despite repeated acknowledgments of the outstanding balance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.1,24,618.54 with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter at the rate of 6% per annum till realization, along with costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.1,24,618.54 plus interest and costs of the suit.
Why Plaintiff Won:
The plaintiff's claim of borrowal and default of payment was proved by the affidavit and documents presented, which remained unchallenged.
The plaintiff's claim of borrowal and default of payment was proved by the affidavit and documents presented, which remained unchallenged.
Losing Side's Weaknesses:
The plaintiff's claim of borrowal and default of payment was proved by the affidavit and documents presented, which remained unchallenged.
The plaintiff's claim of borrowal and default of payment was proved by the affidavit and documents presented, which remained unchallenged.
Supporting Evidence
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exts.A1 to A4 documents which remains unchallenged. The contention that the plaintiff is entitled to get interest at the rate of 12% per annum cannot be entertained.
Judgment Evidence:
In the result, suit is decreed as follows: The defendant is directed to pay Rs.1,24,618.54 (Rupees One Lakh Twenty Four Thousand Six Hundred And Eighteen And Fifty Four Paise only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pushpavally
- Party Age
- 66
- Relation
- W/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural Loans, Acknowledgment of Debt and Security of Borrower/Co-obligant, Copy of Statement of accounts for the period from 06.10.2017 to 17.03.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joby Thadathil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Rose Mary Robert
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Advocate M. Vinod Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the outstanding loan amount along with interest and costs.
Evidence:
The defendant is directed to pay Rs.1,24,618.54 (Rupees One Lakh Twenty Four Thousand Six Hundred And Eighteen And Fifty Four Paise only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is directed to pay costs of the suit to the plaintiffs.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the agricultural loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the debt as of the date mentioned.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document further acknowledges the debt on the specified date.
Reference:
Ext.A3
Document Type:
Copy of Statement of accounts for the period from 06.10.2017 to 17.03.2024
Submitted By:
Plaintiff
Relevance:
This document provides the account details showing the outstanding balance.
Reference:
Ext.A4
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 Pushpavally regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Pushpavally regarding realization of money