Case Summary
This case involves Kerala Gramin Bank filing a suit against Abdul Samad for the recovery of a loan amount. The defendant defaulted on repayments and the bank seeks to realize the owed money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize an amount of Rs. 76,588/- with interest @ 12% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the amount due with interest. The defendant was found to have defaulted on the loan repayment.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and defaults in payment.
The plaintiff provided sufficient evidence of the loan agreement and defaults in payment.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and defaults in payment.
The plaintiff provided sufficient evidence of the loan agreement and defaults in payment.
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. Since the defendants remained ex parte, 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 allowed to realize an amount of Rs. 76,588/- (Rupees Seventy Six Thousand Five Hundred and Eighty Eight only) with interest @ 12 % per annum from the date of suit till the realization. II.Plaintiff is also entitled to realize the costs of the suit from the defendant at confessional scale.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Abdul Samad
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Loan application dated 02-08-2013, Sanction Letter dated 02-08-2013, Memorandum of Agreement for Agricultural loans dated 2-8-2013, Acknowledgement of Debt and Security dated 24.05.2016, Copy of the Lawyer Notice, dated 22.01.2019, 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
- Plaintiff
- Advocate Name
- Smt. Vinida.P.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the amount due with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from the defendant at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The defendant applied for a loan facility.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The loan was sanctioned by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
The defendant executed an agreement regarding the loan.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
The defendant acknowledged the debt.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
A notice was sent to the defendant regarding the dues.
Reference:
Ext.A5
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details of the loan transaction were provided.
Reference:
Ext.A6
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 Samad regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Abdul Samad regarding realization of money