Case Summary
Kerala Gramin Bank has filed a suit against Riyas K K for the recovery of a loan amount. The defendant failed to repay the loan despite multiple acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise Rs.2,81,275/- with 15.5% interest from the date of the suit till the date of realisation.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing recovery of the loan amount with interest.
Why Plaintiff Won:
The defendant acknowledged the debt and failed to prove that the loan amount was time-barred.
The defendant acknowledged the debt and failed to prove that the loan amount was time-barred.
Losing Side's Weaknesses:
The defendant acknowledged the debt and failed to prove that the loan amount was time-barred.
The defendant acknowledged the debt and failed to prove that the loan amount was time-barred.
Supporting Evidence
It is clear that the period of loan is for 5 years and the last installment for the aforesaid loan was on 21/7/2019. The defendant did not prove that he didn’t go to the bank on 24/9/2014 and 7/6/2017 to put the signature in Exts.A2 and A3.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.Plaintiff is allowed to realise Rs.2,81,275/- with 15.5% interest from the date of suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Riyas K K
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Deed of Hypothecation regarding vehicles, Acknowledgment of debt, Copy of lawyer notice, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Muhammed Haneef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.2,81,275/- with interest.
Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is allowed to realise Rs.2,81,275/- (Rupees Two Lakhs Eighty One Thousand Two Hundred And Seventy Five Only) with 15.5% interest from the date of suit till the date of realisation.
Documents & Evidence
Document Type:
Deed of Hypothecation regarding Vehicles
Submitted By:
Plaintiff
Relevance:
The court relied on this document to establish the loan agreement and terms.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document was used to prove the defendant's acknowledgment of the debt.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document was used to further establish the defendant's acknowledgment of the debt.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was relevant to the plaintiff's demand for repayment.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the amount due from the defendant.
Reference:
Ext.A5
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 Riyas K K regarding recovery of money
Case Code Year
Case between Kerala Gramin Bank vs Riyas K K regarding recovery of money