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ORIGINAL SUIT No. 54 OF 2018

Case between Kerala Gramin Bank vs Kasim.M.M. et al regarding loan default

Court
Court of the Munsiff of Tirur
Judge
Smt. NIMMI.K.K.
Order Date
2018-10-31
Duration
4 months 12 days
Case Closed
Wed, 10/31/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed suit against defendants for defaulting on a loan of Rs.1,00,000, seeking recovery of principal amount and interest.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, directing the defendants to pay Rs.1,33,074/- with 14% interest per annum till realization.
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs.1,33,074/- with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay Rs.1,33,074/- with 14% interest per annum till realization.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove its case, which remained unchallenged as the defendants were exparte.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove its case, which remained unchallenged as the defendants were exparte.
Supporting Evidence
The PW1 adduced evidence in tune with the averments in the plaint. Since the defendants opted to remain exparte, the evidence adduced by the PW1 remained unchallenged. 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 for realisation of money. I. The defendant is hereby directed to pay the sum of Rs.1,33,074/- to the plaintiff with interest there on at the rate of 14% per annum from the date of suit till the date of realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
By its Manager
Party Role
Defendant
Party Name
Kasim.M.M.
Party Age
48
Relation
S/o Muhammed
Party Role
Defendant
Party Name
Mujeeb Rahman.P.
Party Age
49
Relation
S/o Hamza
Plaintiffs Documents
Loan Application dated 10-6-2014, Request for Overdraft facilities dated 10-6-2014, Demand Promissory Note dated 10-6-2014, Take Delivery Letter to DPN dated 10-6-2014, Agreement for Retail Credit Card dated 10-6-2014, Guarantee Agreement dated 10-6-2014, Acknowledgment of Debt and Security dated 10-6-2016, Copy of Lawyer Notice dated 9-8-2017, Copy of Statement of Accounts
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Payment of Rs.1,33,074/- with 14% interest per annum
Evidence:
The defendant is hereby directed to pay the sum of Rs.1,33,074/- to the plaintiff with interest there on at the rate of 14% per annum from the date of suit till the date of realization.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Loan application dated 10-6-2014.
Reference:
A1
Document Type: Request for Overdraft Facilities
Submitted By: Plaintiff
Relevance:
Request for Overdraft facilities dated 10-6-2014.
Reference:
A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Demand Promissory Note dated 10-6-2014.
Reference:
A3
Document Type: Take Delivery Letter to DPN
Submitted By: Plaintiff
Relevance:
Take Delivery Letter to DPN dated 10-6-2014.
Reference:
A4
Document Type: Agreement for Retail Credit Card
Submitted By: Plaintiff
Relevance:
Agreement for Retail Credit Card dated 10-6-2014.
Reference:
A5
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Guarantee Agreement dated 10-6-2014.
Reference:
A6
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment of Debt and Security dated 10-6-2016.
Reference:
A7
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of Lawyer Notice dated 9-8-2017.
Reference:
A8
Document Type: Copy of Statement of Accounts
Submitted By: Plaintiff
Relevance:
Copy of Statement of Accounts.
Reference:
A9

Case Classification

Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between Kerala Gramin Bank vs Kasim.M.M. et al regarding loan default
Case Code Year
Case between Kerala Gramin Bank vs Kasim.M.M. et al regarding loan default

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 06/19/2018 - 12:00
Case Closed
Wed, 10/31/2018 - 12:00
From
Mon, 10/01/2018 - 12:00
To
Wed, 10/31/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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