Original Suit No. 265/2024

Case between Kerala Gramin Bank vs Sumina C.K. et al regarding realisation of money

Court

COURT OF THE ADDITIONAL MUNSIFF-I

Judge

Smt. Shabeena M.

Order Date

2025-01-30

Duration

approximately-4 years 4 months 15 days

Case Closed

Thu, 01/30/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The case involves Kerala Gramin Bank seeking repayment of a loan amount from the defendants, Sumina C.K. and Beegum Masna, who took out an educational loan but failed to repay it. The bank claims the defendants owe Rs. 2,60,911 with accrued interest.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiff, requiring the defendants to pay the claimed amount with interest. The defendants are held liable for the loan repayment.

Judgment Favored

Plaintiff

Relief Granted

The defendants shall pay jointly and severally an amount of Rs. 2,60,911 plus interest and costs of the suit.

Case Type

Civil Suit

Final Judgment

The suit is decreed in favor of the plaintiff, requiring the defendants to pay the claimed amount with interest. The defendants are held liable for the loan repayment.

Why Plaintiff Won:
The evidence and documents submitted by the plaintiff substantiated the claim of loan default.

Losing Side's Weaknesses:
The evidence and documents submitted by the plaintiff substantiated the claim of loan default.

Supporting Evidence

The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case.

Judgment Evidence:

In the result, the suit is decreed as follows: 1) The defendants shall pay jointly and severally an amount of Rs.2,60,911/- (Rupees two lakhs sixty thousand nine hundred and eleven only) to the plaintiff together with 12% quarterly interest from 14.06.2024 till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kerala Gramin Bank
Relation: Represented by

Party Role: Defendant
Party Name: Sumina C.K.
Party Age: 32
Relation: D/o

Party Role: Defendant
Party Name: Beegum Masna
Party Age: 53
Relation: W/o

Plaintiffs Documents

Educational Loan agreement entered into between Sumina, Begum Masna and Kerala Gramin Bank, Agreement for availing of Interest Subsidy.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Balachandran C.
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The defendants shall pay jointly and severally an amount of Rs.2,60,911/- to the plaintiff together with 12% quarterly interest from 14.06.2024 till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.

Evidence:

In the result, the suit is decreed as follows: 1) The defendants shall pay jointly and severally an amount of Rs.2,60,911/- to the plaintiff together with 12% quarterly interest from 14.06.2024 till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.

Relief Type: Other

Outcome: Granted

Description:

The plaintiff shall also be entitled to realise the costs of the suit.

Evidence:

The plaintiff shall also be entitled to realise the costs of the suit.

Documents & Evidence

Document Type: Educational Loan Agreement

Submitted By: Plaintiff

Relevance:

Proves the existence of a loan agreement between the defendants and the plaintiff bank.

Reference:

Ext.A1

Document Type: Agreement for Availing of Interest Subsidy

Submitted By: Plaintiff

Relevance:

Documents the agreement for interest subsidy related to the loan.

Reference:

Ext.A2

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Serves as proof of communication to the defendants regarding the outstanding amount.

Reference:

Ext.A3

Document Type: Copy of statement of account

Submitted By: Plaintiff

Relevance:

Details the transaction history and outstanding balance of the debt.

Reference:

Ext.A4