Case Summary
The plaintiff, Kerala Gramin Bank, granted a loan to the first defendant, Rema Devi. M, which was guaranteed by the second defendant, Nideesh.E.K. The defendants defaulted on the repayment despite several notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.84,575/- from the defendants with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the loan amount along with interest.
Why Plaintiff Won:
The suit is decreed as the plaintiff proved the transaction and the defendants' default.
The suit is decreed as the plaintiff proved the transaction and the defendants' default.
Losing Side's Weaknesses:
The suit is decreed as the plaintiff proved the transaction and the defendants' default.
The suit is decreed as the plaintiff proved the transaction and the defendants' default.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.84,575/- (Rupees eighty four thousand five hundred and seventy five only) from the defendants with interest at the rate of 10.6 percent from date of suit till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Rema Devi. M
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nideesh.E.K
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME Working Capital Limits, Guarantee covering letter, Guarantee Agreement, Application for Restructuring facilities, Take delivery letter to DPN, Demand Promissory note, Acknowledgment of debt and security, Copy of lawyer notice, Postal receipts, Acknowledgment Card, Certified account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anoop.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.K.Ramachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ameya.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Patheesh.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount from the defendants.
Evidence:
In the result, the suit is decreed as follows:- 1.The plaintiff shall be entitled to realize Rs.84,575/- (Rupees eighty four thousand five hundred and seventy five only) from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement for MSME working capital granted to the first defendant.
Reference:
Ext.A1
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Letter executed by the second defendant to guarantee the loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement detailing the guarantee provided by the second defendant.
Reference:
Ext.A3
Document Type:
Restructured Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Letter sanctioning the restructured loan to the defendants.
Reference:
Ext.A4
Document Type:
Take delivery letter to Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the first defendant's request for the promissory note.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Note evidencing the promise to repay the borrowed loan amount.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the first defendant.
Reference:
Ext.A7
Document Type:
Lawyer Notices, Postal Receipts and Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Notices and evidence of communication regarding the loan repayment demands.
Reference:
Ext.A8 to A10
Document Type:
Certified Account Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the account details related to the loan.
Reference:
Ext.A11
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 Rema Devi. M et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Rema Devi. M et al regarding realization of money.