Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, Abdul Rasak and K.Nejmal Hussain, for the realisation of a loan amount due. The defendants failed to repay the loan, and the case seeks to recover the owed amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.1,34,880/- with interest at the rate of 14.50% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the loan amount along with interest and costs of the suit.
Why Plaintiff Won:
The evidence adduced by the plaintiff remained unchallenged since the defendants did not present a written statement.
The evidence adduced by the plaintiff remained unchallenged since the defendants did not present a written statement.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff remained unchallenged since the defendants did not present a written statement.
The evidence adduced by the plaintiff remained unchallenged since the defendants did not present a written statement.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. Plaintiff is entitled to realise an amount of Rs.1,34,880/- (Rupees One Lakh Thirty Four Thousand Eight Hundred and Eighty only), with interest at the rate of 14.50% per annum from the date of suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Abdul Rasak
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.Nejmal Hussain
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Loan application dated 10.08.2010, Demand Promissory Note dated 10.08.2010, Take delivery letter to Demand Promissory Note dated; 10.8.2010, Agreement for Retail Credit Card dated 10.08.2010, Guarantee Agreement dated 10.08.2010, Acknowledgements of Debt and Security dated 18.09.2012, Acknowledgements of Debt and Security dated 12.08.2015, Copy of the lawyer notice, dated 30.04.2018, Copy of statement of accounts showing the details of the loan transaction.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreekala.K.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Henin.V.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhammed Zakariya.A.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.1,34,880/- from the defendants.
Evidence:
Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from the defendant at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document shows the request for a loan by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the loan obligation of the first defendant.
Reference:
Ext.A2
Document Type:
Take delivery letter to Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document supports the loan transaction.
Reference:
Ext.A3
Document Type:
Agreement for Retail Credit Card
Submitted By:
Plaintiff
Relevance:
This document relates to the retail credit agreement for the loan.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is a guarantee for the loan provided to the first defendant.
Reference:
Ext.A5
Document Type:
Acknowledgements of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the acknowledgment of the debt by the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgements of Debt and Security
Submitted By:
Plaintiff
Relevance:
Additional acknowledgment of the debt related to the loan.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document evidences a formal notice regarding the loan default.
Reference:
Ext.A8
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document details the transaction and outstanding amounts related to the loan.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Abdul Rasak, K.Nejmal Hussain regarding Realisation of Money
Case Code Year
Case between Kerala Gramin Bank vs Abdul Rasak, K.Nejmal Hussain regarding Realisation of Money