Case Summary
The plaintiff is a financial institution that provided a loan to the first defendant, with the second defendant as the guarantor. The defendants failed to repay the loan despite repeated demands, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,13,258/- with interest at 9% from the date of suit till date of decree and future interest at 6% from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover Rs.1,13,258/- from the defendants along with interest. The defendants are also ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and documents.
The plaintiff proved their case through unchallenged testimony and documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and documents.
The plaintiff proved their case through unchallenged testimony and documents.
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between himself and the defendants. This court is of the view that the rate of interest can be fixed at 9% as interest of 18 per cent is exorbitant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.1,13,258/- (Rupees one lakh thirteen thousand two hundred and fifty eight 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. 2.The defendants shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Krishan Kripa Bankers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Pradeep Kumar. P. C
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Prathiba. P. C
- Party Age
- 36
- Relation
- D/o
Plaintiffs Documents
Loan agreement executed on 13.01.2024, Demand Promissory note dated 13.01.2024, Copy of Lawyer notice dated 21.01.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manoj.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.1,13,258/- from the defendants with interest.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the proceedings to be paid to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed between the plaintiff and the defendants for a loan of Rs.1,00,000/-.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants promising to repay the loan amount.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants regarding outstanding dues.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for postal delivery of the notice to the defendants.
Reference:
Ext.A3(a) and Ext.A3(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards issued to defendants confirming receipt of the notice.
Reference:
Ext.A3(c) and Ext.A3(d)
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 Krishan Kripa Bankers vs Sri. Pradeep Kumar. P. C, Smt. Prathiba. P. C regarding realization of money
Case Code Year
Case between Krishan Kripa Bankers vs Sri. Pradeep Kumar. P. C, Smt. Prathiba. P. C regarding realization of money