Case Summary
Kerala Gramin Bank is seeking to recover a loan amount from the defendant Kunhimohammed, who defaulted on payments. The bank claims a total of Rs. 1,59,608/- plus interest owed since 2012.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize an amount of Rs. 1,59,608/- with interest @ 12% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay the loan amount along with interest and costs. As the defendant did not appear, the evidence provided by the plaintiff was accepted.
Why Plaintiff Won:
The plaintiff provided credible evidence to support the claim, which remained unchallenged due to the defendant's absence.
The plaintiff provided credible evidence to support the claim, which remained unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The plaintiff provided credible evidence to support the claim, which remained unchallenged due to the defendant's absence.
The plaintiff provided credible evidence to support the claim, which remained unchallenged due to the defendant's absence.
Supporting Evidence
I find no reason to disbelieve PW1. 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 allowed to realize an amount of Rs. 1,59,608/- (Rupees One Lakh Fifty Nine Thousand Six Hundred and eight only) with interest @ 12 % per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Kunhimohammed @ Kunhimon
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Loan application dated 03-08-2012, Memorandum of Agreement for Agricultural Loan, Acknowledgment of Debt and Security, Lawyer Notice, Copy of Statement of account.
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:
Plaintiff is allowed to realize an amount of Rs. 1,59,608/- with interest from the date of suit till realization.
Evidence:
I.Plaintiff is allowed to realize an amount of Rs. 1,59,608/- (Rupees One Lakh Fifty Nine Thousand Six Hundred and eight only) with interest @ 12 % per annum from the date of suit till the realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
II. Plaintiff is also entitled to realize the costs of the suit from the defendant at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application for the loan facility applied by the defendant.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the defendant concerning the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
These documents are acknowledgments related to the debt and security involving the defendant.
Reference:
Ext.A3 to A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent by the lawyer regarding the loan default.
Reference:
Ext.A6
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document shows the details of the loan transaction, indicating the amount due from the defendant.
Reference:
Ext.A7
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 Kunhimohammed regarding loan recovery
Case Code Year
Case between Kerala Gramin Bank vs Kunhimohammed regarding loan recovery