Case Summary
Kerala Gramin Bank filed a suit against Ashraf.T. for the recovery of loan amount due to default in repayment. The defendant was absent during the hearings and did not contest the claims made by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,33,722/- with interest at the rate of 12% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the due loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff proved the case through reliable evidence as the defendant was exparte and did not challenge the claims.
The plaintiff proved the case through reliable evidence as the defendant was exparte and did not challenge the claims.
Losing Side's Weaknesses:
The plaintiff proved the case through reliable evidence as the defendant was exparte and did not challenge the claims.
The plaintiff proved the case through reliable evidence as the defendant was exparte and did not challenge the claims.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged due to the defendant's absence. 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 entitled to realise an amount of Rs.3,33,722/- (Rupees Three Lakh Thirty Three Thousand Seven Hundred and Twenty Two only), with interest at the rate of 12% per annum from the date of suit till realization on the principal amount of Rs.3,30,355/- (Rupees Three Lakh Thirty Thousand Three Hundred and fifty five only) from the defendants and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Ashraf.T.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application dated 09-09-2013, Deed of Hypothecation regarding Vehicles, Acknowledgement of Debt and Security, Copy of the Lawyer Notice, Copy of statement of accounts.
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 seeks to recover the defaulted loan amount along with interest.
Evidence:
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:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from the defendant at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the defendant for availing the loan.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation regarding Vehicles
Submitted By:
Plaintiff
Relevance:
The document evidencing the hypothecation of the vehicle for the loan amount.
Reference:
Ext.A2
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This acknowledges the debt owed by the defendant dated 26-11-2015.
Reference:
Ext.A3
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This is the legal notice sent to the defendant regarding the loan default.
Reference:
Ext.A4
Document Type:
Copy of statement of accounts showing loan transaction details
Submitted By:
Plaintiff
Relevance:
This document details the outstanding amount due from the defendant.
Reference:
Ext.A5
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 Ashraf.T. regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Ashraf.T. regarding realisation of money