Case Summary
Kerala Gramin Bank, a Regional Rural Bank, filed a suit against Sajad Shahir, the proprietor of Shalik Footwear and Fancy Centre, for non-repayment of loan amounts. The plaintiff established that the defendant defaulted on two loans sanctioned and thus sought to recover the due amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 4,66,148 with future interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay a total of Rs. 4,66,148 along with applicable future interest for the defaulted loans. The judgment emphasized the unchallenged evidence provided by the plaintiff.
Why Plaintiff Won:
Plaintiff proved its case with unchallenged evidence.
Plaintiff proved its case with unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff proved its case with unchallenged evidence.
Plaintiff proved its case with unchallenged evidence.
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 4,66,148/- (Rupees Four lakhs Sixty Six thousand One hundred and Forty Eight only) together with future interest at the rate of 12.60% per annum towards the first loan and at the rate of 13% per annum towards the second loan for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sajad Shahir
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Original loan application, request for Overdraft Facility, loan sanction communication, Agreement for MSME Working Capital Limits-CC & OD, Acknowledgment of Debt and Security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Feroz. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover an outstanding amount from the defendant.
Evidence:
the suit is decreed with costs and defendant shall pay an amount of Rs. 4,66,148/- together with future interest at the rate of 12.60% per annum towards the first loan and at the rate of 13% per annum towards the second loan.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document serves as the original application for a loan made by the defendant.
Reference:
Ext.A1
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
This document is the request made by the defendant for an overdraft facility.
Reference:
Ext.A2
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document communicates the sanction of the loan to the defendant.
Reference:
Ext.A3
Document Type:
Agreement for MSME Working Capital Limits-CC & OD
Submitted By:
Plaintiff
Relevance:
This is the agreement executed by the defendant regarding the MSME loan.
Reference:
Ext.A4
Document Type:
Take Delivery Letter to DPN and Pronote
Submitted By:
Plaintiff
Relevance:
These documents pertain to the terms of the loan related to delivery and promissory note.
Reference:
Ext.A5 series
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document is the original application for the second loan.
Reference:
Ext.A6
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document communicates the sanction of the second loan.
Reference:
Ext.A7
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
This is the memorandum executed by the defendant for the agricultural loan.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt by the defendant for the first loan.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the updated debt by the defendant.
Reference:
Ext.A10
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This document includes legal communication regarding the debt.
Reference:
Ext.A11 series
Document Type:
Statement of Loan Account along with Certificate of the First Loan Account
Submitted By:
Plaintiff
Relevance:
This document provides the statement of the first loan account.
Reference:
Ext.A12
Document Type:
Statement of Loan Account along with Certificate of the Second Loan Account
Submitted By:
Plaintiff
Relevance:
This document provides the statement of the second loan account.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Sajad Shahir regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Sajad Shahir regarding realization of money