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Original Suit No. 193 of 2019

Case between Kerala Gramin Bank vs Khalidutty.C.P. et al regarding a loan default

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kerala Gramin Bank, sued the defendants for the recovery of a loan amounting to Rs.3,10,012/- due to default in repayment. The defendants failed to appear in court and hence were set ex-parte.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing them to recover the debt with interest from the defendants due to their default in repayment.
Judgment Favored
Plaintiff
Relief Granted
Rs.3,10,012/- with interest at the rate of 11% per annum from the date of suit till realization and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the debt with interest from the defendants due to their default in repayment.
Why Plaintiff Won:
The court found that the plaintiff proved the case with credible evidence.
Losing Side's Weaknesses:
The court found that the plaintiff proved the case with credible evidence.
Supporting Evidence
I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows. I. Plaintiff is entitled to realise an amount of Rs.3,10,012/- (Rupees Three Lakh Ten Thousand and Twelve only), with interest at the rate of 11% per annum from the date of suit till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Party Role
Defendant
Party Name
Khalidutty.C.P.
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Abdul Majeed.P.P.
Party Age
55
Relation
S/o
Plaintiffs Documents
Loan application dated 14-07-2014, Deed of Hypothecation Regarding Vehicles dated 14-07-2014, Guarantee Agreement dated 14-07-2014, Acknowledgement of Debt and Security dated 09.08.2016, Acknowledgement of Debt and Security dated 14.06.2018, Copy of statement of accounts showing the details of the loan transaction.
Defendants Documents

Advocates

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

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Recovery of Rs.3,10,012/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document showing the application made by the first defendant for the loan.
Reference:
Ext.A1
Document Type: Deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Document evidencing the hypothecation of vehicles for the loan.
Reference:
Ext.A2
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Document detailing the guarantee provided by the defendants for the loan.
Reference:
Ext.A3
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
Document confirming the acknowledgment of debt by the first defendant.
Reference:
Ext.A4
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
Document confirming the acknowledgment of debt by the first defendant.
Reference:
Ext.A5
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Document showing the details of the loan transaction and outstanding amount.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Khalidutty.C.P. et al regarding a loan default
Case Code Year
Case between Kerala Gramin Bank vs Khalidutty.C.P. et al regarding a loan default

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 08/31/2019 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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