Case Summary
The plaintiff bank, represented by its Branch Manager, granted a housing loan to the defendants. The defendants defaulted on the loan repayments, leading to the case for recovery of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay to the plaintiff an amount of Rs.15,00,200/- with interest.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The evidence adduced by plaintiff stands unchallenged. From the unrebutted testimony of PW1 coupled with Exts. A1 to A21, it is found that the plaint claim stands proved and the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendants are directed to pay to the plaintiff, an amount of Rs.15,00,200/- (Rupees fifteen lakh and two hundred only) with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Grameena Bank
- Party Role
- Defendant
- Party Name
- Ammed. P
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anvar Puthanidathil
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noufal
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction memorandum, Housing loan agreement, Statement of accounts, Acknowledgments of debt, Encumbrance certificate, Possession certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M. Hemachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.15,00,200/- along with interest from the defendants.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of Rs.15,00,200/- (Rupees fifteen lakh and two hundred only) with interest at the rate of 11.50% per annum from the date of institution of the suit till the date of decree, and thereafter with interest at the rate of 6% per annum to the principal amount, till realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for the housing loan.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the sanction of the loan.
Reference:
Ext.A2
Document Type:
Housing Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the housing loan.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement showing the outstanding amount and payment history.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the debt by the defendant.
Reference:
Exts.A5 to A7
Document Type:
Letter evidencing deposit of title deed
Submitted By:
Plaintiff
Relevance:
Letter showing the deposit of the title deed.
Reference:
Ext.A8
Document Type:
Original Registered Deed
Submitted By:
Plaintiff
Relevance:
Original registered deed related to the property.
Reference:
Ext.A9
Document Type:
Registered Assignment Deed
Submitted By:
Plaintiff
Relevance:
Registered assignment deed related to the property.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the lawyer regarding the debt.
Reference:
Ext.A11
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the sending of the lawyer notice.
Reference:
Ext.A11(a)
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing no encumbrances on the property.
Reference:
Ext.A12
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt showing payment of property taxes.
Reference:
Ext.A13
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate confirming possession of the property.
Reference:
Ext.A14
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the location of the property.
Reference:
Ext.A15
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Sketch providing a visual representation of the property location.
Reference:
Ext.A16
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Additional certificate confirming encumbrances related to the property.
Reference:
Ext.A17
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of the outstanding amount.
Reference:
Ext.A18
Document Type:
Possession Notice
Submitted By:
Plaintiff
Relevance:
Notice regarding the possession of the property.
Reference:
Ext.A19
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Card acknowledging the receipt of postal communication.
Reference:
Ext.A20
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Report from the District Legal Service Authority.
Reference:
Ext.A21
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
Case between Kerala Grameena Bank vs Ammed. P et al regarding realization of money
Case Code Year
Case between Kerala Grameena Bank vs Ammed. P et al regarding realization of money