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ORIGINAL SUIT NO. 178 OF 2017

Case between Kerala Gramin Bank vs Khadeeja et al regarding money recovery

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-12-06
Duration
Not mentioned
Case Closed
Wed, 12/06/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed a suit against Khadeeja and others seeking recovery of Rs. 1,01,804 along with interest for defaulting on an agricultural loan availed from the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of Kerala Gramin Bank, directing the defendants to pay Rs. 1,01,804 along with interest to the bank.
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 1,01,804 with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of Kerala Gramin Bank, directing the defendants to pay Rs. 1,01,804 along with interest to the bank.
Why Plaintiff Won:
The plaintiff proved the case through reliable evidence and the defendants failed to repay the loan.
Losing Side's Weaknesses:
The plaintiff proved the case through reliable evidence and the defendants failed to repay the loan.
Supporting Evidence
According to PW1, the defendant applied for a loan, executed a Memorandum of Agreement for agricultural loan, and acknowledged the debt but failed to repay as per the terms.

Judgment Evidence:

The suit is decreed as follows: I. The defendant is hereby directed to pay the sum of Rs.1,01,804/ (Rupees one lakh one thousand eight hundred and four only) to the plaintiff with interest there on at the rate of 9 % per annum from the date of suit till the date of realization on Rs. 94,769/- (Rupees Ninety four thousand seven hundred and sixty nine rupees only). II. The defendants shall pay the costs of the suit to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
Represented by its Manager
Party Role
Defendant
Party Name
Khadeeja
Party Age
63
Relation
W/o. Aboobacker.M.K. (Late)
Party Role
Defendant
Party Name
Sri. Bahseer
Party Age
46
Relation
S/o. Aboobacker.M.K. (Late)
Party Role
Defendant
Party Name
Mumthas
Party Age
35
Relation
D/o. Aboobacker.M.K. (Late)
Party Role
Defendant
Party Name
Moidu
Party Age
31
Relation
S/o. Aboobacker.M.K.
Party Role
Defendant
Party Name
Muhamed Shareef
Party Age
28
Relation
S/o. Aboobacker.M.P. (Late)
Party Role
Defendant
Party Name
Abdul Salam
Party Age
26
Relation
S/o. Aboobacker.M.K(Late)
Party Role
Defendant
Party Name
Muhammed Sakeer
Party Age
24
Relation
S/o. Aboobacker.M.K (Late)
Plaintiffs Documents
Memorandum of Agreement for Agricultural loans, Acknowledgment of Debt and security, Copy of registered Lawyer Notice, Copy of registered notice, True copy of statement of accounts
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri.C.M. Venugopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Sreekala.K.
Appearance Type
Main Counsel

Reliefs

Relief Type: Payment of Money
Outcome: Granted
Description:
To pay Rs. 1,01,804 with interest to Kerala Gramin Bank
Evidence:
The defendant is hereby directed to pay the sum of Rs.1,01,804/ (Rupees one lakh one thousand eight hundred and four only) to the plaintiff with interest there on at the rate of 9 % per annum from the date of suit till the date of realization on Rs. 94,769/- (Rupees Ninety four thousand seven hundred and sixty nine rupees only)
Relief Type: Costs
Outcome: Granted
Description:
Defendants shall pay the costs of the suit to the plaintiff
Evidence:
The defendants shall pay the costs of the suit to the plaintiff

Documents & Evidence

Document Type: Memorandum of agreement for agricultural loans
Submitted By: Plaintiff
Relevance:
Document demonstrating the terms of the loan agreement
Reference:
Ext.A1
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Document showing the defendant's acknowledgement of the loan liability
Reference:
Ext.A2
Document Type: Copy of Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Document confirming attempts made by plaintiff to settle the account
Reference:
Ext.A3
Document Type: Copy of registered notice
Submitted By: Plaintiff
Relevance:
Document further emphasizing the demand for payment
Reference:
Ext.A4
Document Type: True Copy of Statement of Accounts
Submitted By: Plaintiff
Relevance:
Account statement indicating the amount due from the defendant
Reference:
Ext.A5

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
Case Code
Case between Kerala Gramin Bank vs Khadeeja et al regarding money recovery
Case Code Year
Case between Kerala Gramin Bank vs Khadeeja et al regarding money recovery

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 12/04/2017 - 12:00
Case Closed
Wed, 12/06/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

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