Case Summary
Kerala Gramin Bank filed a suit against Aiyshath for the recovery of a loan amount after the defendant defaulted on repayment. The court found in favor of the plaintiff due to the defendant's failure to adhere to the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realise ₹1,37,313/- from the defendant and his assets with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the claimed amount along with interest and costs. Aiyshath was found liable for the default in repayment.
Why Plaintiff Won:
The evidence supported the plaintiff's claim as the defendant failed to repay the loan, and the plaintiff's evidence was unchallenged.
The evidence supported the plaintiff's claim as the defendant failed to repay the loan, and the plaintiff's evidence was unchallenged.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,37,313/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Aiyshath
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 29/11/2008, Memorandum of Agreement dated 29/11/2008, and other related documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover ₹1,37,313/- from the defendant.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,37,313/- with interest at the rate of 16% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 16% per annum.
Evidence:
Plaintiff is allowed to realise interest at the rate of 16% per annum with monthly rests from 15/02/2017 till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is allowed to recover costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to avail the loan.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendant of the debt.
Reference:
Ext.A3
Document Type:
Application From the Borrowers
Submitted By:
Plaintiff
Relevance:
Document from the defendant requesting loan restructuring.
Reference:
Ext.A4
Document Type:
Letter of undertaking from the borrower
Submitted By:
Plaintiff
Relevance:
Undertaking by the defendant regarding loan terms.
Reference:
Ext.A5
Document Type:
Restructured Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the restructured loan.
Reference:
Ext.A6
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Promise note executed by the defendant.
Reference:
Ext.A7
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document related to the delivery of payment.
Reference:
Ext.A8
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Additional acknowledgment regarding the debt.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of the debt by the defendant.
Reference:
Ext.A10
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Overview of the defendant's account status.
Reference:
Ext.A11
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Notice of demand served to the defendant.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Aiyshath regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Aiyshath regarding realisation of money.