Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendant, Ally Prasannan, for recovery of a loan amount. The defendant failed to repay the loan despite multiple acknowledgments of the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,19,900/- from the defendant with interest at the rate of 12 percent from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the amount due with interest. The defendant was ordered to pay costs of the proceedings.
Why Plaintiff Won:
The plaintiff proved their case through the unchallenged testimony of their witness and supporting documents.
The plaintiff proved their case through the unchallenged testimony of their witness and supporting documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between the plaintiff bank and the defendant. The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff shall be entitled to realise Rs.2,19,900/- (Rupees two lakhs nineteen thousand nine hundred only) from the defendant with interest at the rate of 12 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ally Prasannan
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Loan application dated 15.03.2006, Memorandum of Agreement dated 15.03.2006, Copy of Lawyer notice dated 05.04.2023, Acknowledgment of Debt dated 12.12.2008, Acknowledgment of Debt dated 09.12.2011, Acknowledgment of Debt dated 31.07.2017, Acknowledgment of Debt dated 18.06.2020, Statement of Account for the period of 13.08.2011 to 31.03.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sibin.V.Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dhanya.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realise Rs.2,19,900/- from the defendant with interest.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application for agricultural loans dated 15.03.2006.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Memorandum of agreement for agricultural loans dated 15.03.2006.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice dated 05.04.2023 with the original postal receipts and returned notice.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the plaintiff dated 12.12.2008.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the plaintiff dated 09.12.2011.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the plaintiff dated 31.07.2017.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the plaintiff dated 18.06.2020.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer generated copy of statement of accounts for the period from 13.08.2011 to 31.03.2023.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Kerala Gramin Bank vs Ally Prasannan regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Ally Prasannan regarding realisation of money.