Case Summary
This case involves KERALA GRAMIN BANK suing DAVIS MATHEW for the recovery of a loan amount that was not repaid. The defendant failed to clear the loan and has since left India, resulting in the case proceeding ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹83,666/- with interest at 11% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest. The suit was decreed as the defendant's claim to penal interest was denied.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant 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:
Hence, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- DAVIS MATHEW
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural Loans executed by the defendant in favour of the plaintiff bank, Statement of Account of Davis Mathew (A/c No. KCC014021013107690), Kerala Gramin Bank, Vilangad.
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹83,666/- with interest.
Evidence:
Hence, the suit is decreed with costs.
Relief Type:
Penal Interest
Outcome:
Rejected
Description:
Claim of penal interest of 2% from the date of suit till realization.
Evidence:
The claim of penal interest of 2% is denied as it is against RBI Regulations.
Documents & Evidence
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account of Davis Mathew with the plaintiff bank.
Reference:
Ext.A2
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 Loan
Case Code
Case between KERALA GRAMIN BANK vs DAVIS MATHEW regarding realization of money
Case Code Year
Case between KERALA GRAMIN BANK vs DAVIS MATHEW regarding realization of money