Case Summary
Kerala Gramin Bank is the plaintiff seeking to recover a loan amount from the defendants, who defaulted on repayment. The court found the plaintiff's claims substantiated by evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.1,39,553.75/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the due amount along with interest.
Why Plaintiff Won:
The case was proved by the unchallenged testimony of the plaintiff's witness and the documents produced.
The case was proved by the unchallenged testimony of the plaintiff's witness and the documents produced.
Losing Side's Weaknesses:
The case was proved by the unchallenged testimony of the plaintiff's witness and the documents produced.
The case was proved by the unchallenged testimony of the plaintiff's witness and the documents produced.
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between the plaintiff bank and the defendant. This court is of the view that the rate of interest can be fixed at 9 per cent. The suit is liable to be decreed and I do so.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff shall be entitled to realize Rs.1,39,553.75/- (Rupees one lakh thirty nine thousand five hundred and fifty three paisa seventy five only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Smt.Dhanya.K.V
- Party Age
- 40
- Relation
- W/o.Biju.M
- Party Role
- Defendant
- Party Name
- Sri.Suresh Babu.K
- Party Age
- 56
- Relation
- S/o.Arumughan
- Party Role
- Defendant
- Party Name
- Smt. Sheeja.C
- Party Age
- 51
- Relation
- W/o.Suresh Babu
Plaintiffs Documents
Loan Application for Non-Farm sector, Acknowledgment of Debt, Legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Joseph.E.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount with interest.
Evidence:
In the result, the suit is decreed as follows: 1)The plaintiff shall be entitled to realize Rs.1,39,553.75/- (Rupees one lakh thirty nine thousand five hundred and fifty three paisa seventy five only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants are required to pay the costs of the proceedings to the plaintiff.
Evidence:
2)The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application for Non- Farm sector
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the loan application process.
Reference:
Ext.A1
Document Type:
Co-obligant/ guarantor offer for loan
Submitted By:
Plaintiff
Relevance:
Relevant to the guarantor arrangements for the loan.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Acknowledges the loan obligations of the defendants.
Reference:
Ext.A3
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Relates to the acceptance of the loan by the defendants.
Reference:
Ext.A4
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Describes the terms applicable to the working capital loan.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Documents executed for guaranteeing the loan.
Reference:
Ext.A6 and Ext.A7
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Covers the guarantees provided for the loan.
Reference:
Ext.A8 and Ext.A9
Document Type:
Acknowledgment of Debt and security of Borrower/ Co-obligant
Submitted By:
Plaintiff
Relevance:
Confirms the acknowledgment of the debt by the first defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment of Debt and security of Borrower/ Co-obligant
Submitted By:
Plaintiff
Relevance:
Further acknowledges the debt, confirming the existence of liability.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial history and outstanding amount of the loan.
Reference:
Ext.A12
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served as legal notices regarding loan recovery to the defendants.
Reference:
Ext.A13, A13(a), A14, A14(a), A15, A15(a)
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 Smt.Dhanya.K.V et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Smt.Dhanya.K.V et al regarding realization of money.