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ORIGINAL SUIT No. 299 OF 2018

Case between Kerala Gramin Bank vs Ashraf.T. regarding realisation of money

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-19
Duration

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The plaintiff proved the case through reliable evidence as the defendant was exparte and did not challenge the claims.

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

Plaintiffs

Kerala Gramin Bank (Age not specified years)

Defendants

Ashraf.T. (40 years) Thazhethadathil House, Ozhur amsom & Post, Tirur Taluk.

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

Quick Facts

Location
Case Filed
Mon, 01/01/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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