Case Summary
This case involves Kerala Gramin Bank and the defendants, Anisha and her minor sons Anwin and Alwin, regarding an agricultural loan. The defendants defaulted on the loan repayment, prompting the bank to sue for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,38,705 with interest @ 11% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff bank for the recovery of ₹1,38,705 with interest. The defendants defaulted in repayment of the agricultural loan.
Why Plaintiff Won:
The claim of the plaintiff stands unchallenged and undisputed.
The claim of the plaintiff stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff stands unchallenged and undisputed.
The claim of the plaintiff stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendant 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
- ANISHA
- Party Age
- 39
- Relation
- W/o. Late Gireeshan
- Party Role
- Defendant
- Party Name
- ALWIN
- Party Age
- 16
- Relation
- S/o. Late Gireeshan
- Party Role
- Defendant
- Party Name
- ANWIN
- Party Age
- 13
- Relation
- S/o. Late Gireeshan
Plaintiffs Documents
Loan sanction communication, Memorandum of Agreement for Agricultural Loans, Statement of Account, Copy of Lawyer Notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is entitled to realize the amount of ₹1,38,705/- with interest.
Evidence:
Hence, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of ₹1,38,705/- with interest @ 11% per annum, from the date of suit till the date of realization.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff claim for penal interest of 2% is denied.
Evidence:
The claim of penal interest of 2% is denied as it is against RBI Regulations.
Documents & Evidence
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document evidences the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement shows the transaction details and outstanding balance of the loan.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding their loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A4 (a)
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
This document is related to the correspondence with the defendants.
Reference:
Ext.A5
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 ANISHA et al regarding realization of money.
Case Code Year
Case between KERALA GRAMIN BANK vs ANISHA et al regarding realization of money.