Case Summary
The Kerala Gramin Bank is suing Jessy Kuttiachan for the recovery of a loan amount. The defendant defaulted on repaying the agricultural loan, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,92,931 with interest @ 11% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff bank for the recovery of the loan amount 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
- JESSY KUTTIACHAN
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural Loan, Statement of Account, Copy of Lawyer Notice issued by Adv. P. Anoop to Jessy Kuttiachan, Postal Receipt, Postal Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri Abdul Raoof. V. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹1,92,931 with interest.
Evidence:
Hence, the suit is decreed with costs.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 11% per annum from the date of suit.
Evidence:
The plaintiff is entitled to realize an amount of ₹1,92,931 with interest @ 11% per annum, from the date of suit till the date of realization.
Relief Type:
Penal Interest
Outcome:
Refused
Description:
The 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 Loan
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the agricultural loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the transactions and outstanding balance of the loan account.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant regarding the default on the loan.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice to the defendant.
Reference:
Ext.A3(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A4
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 JESSY KUTTIACHAN regarding realization of money.
Case Code Year
Case between KERALA GRAMIN BANK vs JESSY KUTTIACHAN regarding realization of money.