Case Summary
KERALA GRAMIN BANK is the plaintiff seeking recovery of an agricultural loan amount from the defendant, DAVIS MATHEW, who defaulted on repayment. The defendant has 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 ₹ 38,180/- with interest @ 9.85% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the loan amount along with interest.
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:
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
- DAVIS MATHEW
- Party Age
- 36
- Relation
- S/o.
Plaintiffs Documents
Memorandum of Agreement for Agricultural Term Loans executed by the defendant in favour of the plaintiff bank, Statement of Account of Davis Mathew.
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:
Plaintiff bank is entitled to realize an amount of ₹ 38,180 with interest.
Evidence:
Hence, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of ₹ 38,180 with interest @ 9.85% per annum, from the date of suit till the date of realization.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Claim of 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:
Memorandum of Agreement for Agricultural Term 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:
Shows the account details of Davis Mathew with the 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 rent
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