Case Summary
Kerala Gramin Bank filed a suit against Rafeeka and Ambika for recovery of an outstanding loan amount. The defendants failed to appear in court despite being properly served with summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.74,188/- with interest at the rate of 12.00% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding them the amount due along with interest. The defendants were found liable for the outstanding loan amount.
Why Plaintiff Won:
The defendants failed to appear and contest the claims made by the plaintiff.
The defendants failed to appear and contest the claims made by the plaintiff.
Losing Side's Weaknesses:
The defendants failed to appear and contest the claims made by the plaintiff.
The defendants failed to appear and contest the claims made by the plaintiff.
Supporting Evidence
The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.74,188/- with interest at the rate of 12.00% per annum from the date of suit till the date of decree from the defendants personally, jointly and severally and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Sri. Sureshkumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rafeeka
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ambika
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Original loan application form dated 19/03/2015, Agreement for MSME Working Capital Limits-CC&OD, Promissory Note, Take Delivery Letter to DPN, Request for overdraft facilities, Loan sanction letter, Acknowledgment of debt and security, Statement of account, Copy of legal notice dated 17/02/2020, Postal receipt, Unclaimed notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.74,188/- with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.74,188/- with interest at the rate of 12.00% per annum from the date of suit till the date of decree from the defendants personally, jointly and severally.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants personally, jointly and severally.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form dated 19/03/2015 submitted by the defendants.
Reference:
Ext.A1
Document Type:
Agreement for MSME Working Capital Limits-CC&OD
Submitted By:
Plaintiff
Relevance:
Agreement for working capital limits.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note signed by the defendants.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Take delivery letter signed by the defendants.
Reference:
Ext.A4
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Request document for overdraft facilities.
Reference:
Ext.A5
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Letter confirming the sanction of the loan.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment executed concerning debt and security by the borrowers.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
True extract of the accounts showing outstanding dues.
Reference:
Ext.A8
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendants regarding outstanding payment.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt indicating the dispatch of legal notice.
Reference:
Ext.A10
Document Type:
Unclaimed Notices
Submitted By:
Plaintiff
Relevance:
Records of unclaimed notices related to the case.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Rafeeka et al regarding recovery of money.
Case Code Year
Case between Kerala Gramin Bank vs Rafeeka et al regarding recovery of money.