Case Summary
The plaintiff bank filed a suit against the defendants for the recovery of a loan amount of ₹1,46,382 due to non-repayment. The defendants failed to appear in court despite being served summons, resulting in the case proceeding ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,46,382 with future interest at the rate of 10% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff bank, allowing the recovery of the loan amount with interest. The defendants did not challenge the claim, leading to an ex parte decision.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and the documents the claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- AJEESH. K. M
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- VINEESH. O
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME working Capital Limits, Take Delivery Letter, Pronote, Request for overdraft facilities, Guarantee Covering Letter, Acknowledgment of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Raoof. V. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹ 1,46,382 with future interest.
Evidence:
The plaintiff is entitled to realize an amount of .1,46,382 (Rupees One Lakh Forty Six Thousand Three Hundred and Eighty Two only) with future interest @ 10 % per annum from the date of suit till the date of realization.
Relief Type:
Penal Interest
Outcome:
Refused
Description:
Claim of penal interest is denied.
Evidence:
However, the claim of penal interest is denied.
Documents & Evidence
Document Type:
Agreement for MSME working Capital limits – CC & OD
Submitted By:
Plaintiff
Relevance:
Executed by Ajeesh. K. M in favour of the Plaintiff Bank.
Reference:
Ext.A1
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Given to the Manager, Kerala Gramin Bank, Purameri.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Executed by Ajeesh. K. M in favour of the Plaintiff Bank.
Reference:
Ext.A3
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Made to the Manager, Kerala Gramin Bank, Purameri.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Sent to the Branch Manager, Kerala Gramin Bank, Purameri Branch.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the Defendants in favour of the plaintiff Bank.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security of Borrower/Coobligant
Submitted By:
Plaintiff
Relevance:
From Ajeesh. K. M to the Manager, Kerala Gramin Bank, Purameri Branch.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security of Borrower/Coobligant
Submitted By:
Plaintiff
Relevance:
From Ajeesh. K. M to the Manager, Kerala Gramin Bank, Purameri Branch.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. P. Anoop to the defendants.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Associated with the Lawyer Notice.
Reference:
Ext.A9 (a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Associated with the Lawyer Notice.
Reference:
Ext.A9 (b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Signed by Ajeesh. K. M.
Reference:
Ext.A10
Document Type:
Unclaimed Cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Associated with the case.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by Kerala Gramin Bank, Purameri Branch for Ajeesh. K. M.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between KERALA GRAMIN BANK vs AJEESH. K. M et al regarding recovery of loan amount.
Case Code Year
Case between KERALA GRAMIN BANK vs AJEESH. K. M et al regarding recovery of loan amount.