Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover a loan amount from the defendants, Farsana.M.S, and Seenath.S. The defendants have failed to repay the loan amount, prompting the bank to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 84,515.55 with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff successfully proved its case with evidence and documentation showing the defendants' indebtedness.
The plaintiff successfully proved its case with evidence and documentation showing the defendants' indebtedness.
Losing Side's Weaknesses:
The plaintiff successfully proved its case with evidence and documentation showing the defendants' indebtedness.
The plaintiff successfully proved its case with evidence and documentation showing the defendants' indebtedness.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 84,515.55/- (Rupees Eighty Four Thousand Five Hundred and Fifteen and Fifty Five Paise only) with interest at the rate of 12% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Farsana.M.S
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Seenath.S.
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Loan Application, Agreement for Non-farm Sector Term Loans, Loan Sanction Communication, Guarantee Agreement, Guarantee covering letter, Acknowledgment of Debt, Demand Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nassrin.A.Khalam
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 84,515.55/-
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff asked for costs associated with the suit.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves that the 1st defendant applied for a loan.
Reference:
Ext.A1
Document Type:
Agreement for Non-farm Sector Term Loans
Submitted By:
Plaintiff
Relevance:
Evidence of the loan agreement executed by the 1st defendant.
Reference:
Ext.A2
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the loan amount to the 1st defendant.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Shows the agreement executed by the 2nd defendant as a guarantor.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Supports the guarantee agreement executed by the 2nd defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents the 1st defendant's acknowledgment of the debt.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents the joint acknowledgment of the debt by both defendants.
Reference:
Ext.A7
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Indicates that a notice was sent to the defendants to repay the loan.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Provides proof of sending the demand notice.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Displays the plaintiff's account details related to the loan.
Reference:
Ext.A10
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes the plaintiff to act on behalf of the bank.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Farsana.M.S et al regarding Realisation of Money.
Case Code Year
Case between Kerala Gramin Bank vs Farsana.M.S et al regarding Realisation of Money.