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C.S. 7/2022

Case between Kerala Gramin Bank, Pandeerkkara Branch vs Arun Kumar. K.M et al regarding money recovery

Court
COURT OF COMMERCIAL JUDGE, KOYILANDY
Judge
Sri. Visakh. V.S.
Order Date
2025-01-13
Duration
approximately-2 years 6 months
Case Code No.
7
Case Closed
Mon, 01/13/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed a suit against Arun Kumar and others for recovery of a loan amount of Rs.12,49,387/-. The loan was taken for educational purposes, and the bank claims the amount is due due to non-payment.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit of Kerala Gramin Bank against the defendants for recovery of the loan amount. The judgment was based on the finding that the suit was barred by law of limitation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit of Kerala Gramin Bank against the defendants for recovery of the loan amount. The judgment was based on the finding that the suit was barred by law of limitation.
Key Reasoning:
The court found that the suit was barred by the law of limitation.
Why Defendant Won:
The court found that the suit was barred by the law of limitation.
Supporting Evidence
The suit was filed only on 5/8/2022, which is beyond the limitation period as the repayment period started in 2014.

Judgment Evidence:

The suit is dismissed. The plaintiff shall pay the costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Party Role
Defendant
Party Name
Arun Kumar. K.M
Party Age
30
Relation
S/o
Party Role
Defendant
Party Name
Bhaskaran.K.M
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Thankamani
Party Age
51
Relation
W/o
Plaintiffs Documents
Application for Education Loan, Education Loan Agreement, Acknowledgment of debt, Account Statement
Defendants Documents
Passport Copy

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.P. Sasidharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K. Ramachandran
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. C.K. Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arunkumar. K.P
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Plaintiff sought recovery of loan amount due.
Evidence:
The suit is dismissed.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Proves that the bank sanctioned a loan of Rs 3,91,000/- to the borrowers.
Reference:
Ext A1
Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Confirms the defendants' execution of a loan agreement for Rs 3,91,000/-.
Reference:
Ext A2
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledges that the bank sanctioned a loan of Rs 3,91,000/-.
Reference:
Ext A3
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Indicates the defendants acknowledge the outstanding sum of Rs 4,53,620/-.
Reference:
Ext A4
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledges a sum of Rs 5,31,011/- is due and outstanding.
Reference:
Ext A5
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Indicates that the first defendant acknowledges a sum of Rs 8,12,348/- is due.
Reference:
Ext A6
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledges that the second and third defendants owe Rs 8,12,348/-.
Reference:
Ext A7
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Shows that a sum of Rs 12,49,387/- is due from the defendants.
Reference:
Ext A8
Document Type: Passport Copy
Submitted By: Defendant
Relevance:
Used to contest the execution dates of certain acknowledgments.
Reference:
Ext B1

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
C.S.
Case Code Year
2022

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Case Filed
Thu, 05/05/2022 - 12:00
Case Closed
Mon, 01/13/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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