Case Summary
The Kerala Gramin Bank is the plaintiff against the defendants, Sreepriya. K and Sushad. P, regarding a loan repayment of Rs.53,310/-. The defendants failed to repay the loan amount with interest as agreed, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.53,310/- with interest at the rate of 7% per annum from the date of suit till decree and 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay Rs.53,310/- to the plaintiff with specified rates of interest. The defendants were found liable for the repayment as outlined in the suit.
Why Plaintiff Won:
The plaintiffs proved their claim of borrowal and default of payment.
The plaintiffs proved their claim of borrowal and default of payment.
Losing Side's Weaknesses:
The plaintiffs proved their claim of borrowal and default of payment.
The plaintiffs proved their claim of borrowal and default of payment.
Supporting Evidence
The plaintiffs' claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A5 series documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.53,310/- to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sreepriya. K
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sushad. P
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME Workings Capital, Loan Guarantee Agreement, Take delivery letter, Acknowledgment of Debt and Security, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E. Manojkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj.N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Direction for the defendants to pay Rs.53,310/- to the plaintiff with interest.
Evidence:
The defendants are directed to pay jointly and severally Rs.53,310/- (Rupees Fifty Three Thousand Three Hundred And Ten Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Direction for the defendants to pay costs of the suit to the plaintiff.
Evidence:
The defendants are also directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement for MSME Working Capital
Submitted By:
Plaintiff
Relevance:
Executed by the first defendant in favour of the plaintiff.
Reference:
Ext.A1
Document Type:
Loan Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the first and second defendants in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Related to the loan transaction.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document confirming the debt and security of the borrower/co-obligant.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts for the period of the loan indicating outstanding amounts.
Reference:
Ext.A5
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Related certification regarding the loan.
Reference:
Ext.A5 (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 Sreepriya. K and Sushad. P regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Sreepriya. K and Sushad. P regarding realization of money