Case Summary
Kerala Gramin Bank filed a suit against the defendant seeking realization of money lent as per the terms of a loan agreement. The defendant failed to repay the loan amount despite multiple demands and the bank provided evidence of the loan agreement and default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of money with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the Plaintiff, directing the Defendant to pay the principal amount due along with interest.
Why Plaintiff Won:
The Plaintiff provided detailed evidence of the loan agreement, default by the Defendant, and various demands for repayment.
The Plaintiff provided detailed evidence of the loan agreement, default by the Defendant, and various demands for repayment.
Losing Side's Weaknesses:
The Plaintiff provided detailed evidence of the loan agreement, default by the Defendant, and various demands for repayment.
The Plaintiff provided detailed evidence of the loan agreement, default by the Defendant, and various demands for repayment.
Supporting Evidence
I find no reason to disbelieve the evidence adduced by the plaintiff. So, the plaintiff has proved its case by adducing cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: I. The defendant is hereby directed to pay the sum of Rs.2,03,609.70/- to the plaintiff with interest there on at the rate of 12% per annum from the date of suit till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- By its Manager
- Party Role
- Defendant
- Party Name
- Hawaumma
- Party Age
- 54
- Relation
- W/o Unnenkutty
Plaintiffs Documents
Application for Agricultural Loans, Memorandum of Agreement, Acknowledgment of Debt/and Security, Copy of Lawyer Notice, True copy of Statement of account
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
Recovery of loan amount with interest
Evidence:
The defendant is directed to pay the sum of Rs.2,03,609.70/- to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Application for Agricultural Loans
Submitted By:
Plaintiff
Relevance:
Loan application of the defendant dated 07.12.2010
Reference:
A1
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Agreement of terms and conditions of loan facility
Reference:
A2
Document Type:
Acknowledgment of Debt/and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability by the defendant on 08.01.2013
Reference:
A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding repayment
Reference:
A5
Document Type:
True Copy of Statement of Account
Submitted By:
Plaintiff
Relevance:
Account details showing the due amount
Reference:
A6
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breach of Loan Agreement
Case Code
Case between Kerala Gramin Bank vs Hawaumma et al regarding money realization
Case Code Year
Case between Kerala Gramin Bank vs Hawaumma et al regarding money realization