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ORIGINAL SUIT NO. 325 OF 2016

Case between Kerala Gramin Bank vs Mariyamu et al regarding loan repayment

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-07-21
Duration
9 months
Case Closed
Fri, 07/21/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed a suit against Mariyamu and others for the realization of a loan amount of Rs.1,06,509/- with interest, as the defendants failed to repay the loan according to the terms.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff Kerala Gramin Bank, directing the defendants to pay Rs.1,06,509/- with specific interest rates.
Judgment Favored
Plaintiff
Relief Granted
Repayment of loan amount with interest
Case Type
Civil Suit for Realisation of Money/Loan Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff Kerala Gramin Bank, directing the defendants to pay Rs.1,06,509/- with specific interest rates.
Why Plaintiff Won:
The plaintiff proved the case with unchallenged evidence presented in court.
Losing Side's Weaknesses:
The plaintiff proved the case with unchallenged evidence presented in court.
Supporting Evidence
The plaintiff has proved the case by adducing cogent and reliable evidence.

Judgment Evidence:

The suit is decreed as follows: I. Defendant is hereby directed to pay the Plaintiff Bank an amount of Rs.1,06,509/- (Rupees One lakh six thousand five hundred and nine only) with interest at 12% per annum on Rs.99,114/- from the date of the suit till today and thereafter with an interest @ 8% per annum till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
Represented by
Party Role
Defendant
Party Name
Mariyamu
Party Age
55
Relation
W/o. Saidalikutty @ Bava (late)
Party Role
Defendant
Party Name
Anwar Ali
Party Age
36
Relation
S/o. Saidalikutty @ Bava (late)
Party Role
Defendant
Party Name
Mansoorali
Party Age
33
Relation
S/o. Saidalikutty @ Bava (Late)
Party Role
Defendant
Party Name
Munavirali
Party Age
30
Relation
S/o. Saidalikutty @ Bava (late)
Party Role
Defendant
Party Name
Fathima
Party Age
28
Relation
D/o. Saidalikutty @ Bava (late)
Plaintiffs Documents
Loan Application, Memorandum of agreement, Acknowledgment of debt and security, Lawyer Notice, Bank statement
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
c M.Venugopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vinida. P
Appearance Type
Main Counsel

Reliefs

Relief Type: Loan Recovery
Outcome: Granted
Description:
Repayment of loan amount with interest
Evidence:
The suit is decreed as follows: I. Defendant is hereby directed to pay the Plaintiff Bank an amount of Rs.1,06,509/- (Rupees One lakh six thousand five hundred and nine only) with interest at 12% per annum on Rs.99,114/- from the date of the suit till today and thereafter with an interest @ 8% per annum till the date of realization.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Submitted by defendant for loan application under Kisan Cash Credit Scheme.
Reference:
Ext.A1
Document Type: Memorandum of Agreement
Submitted By: Plaintiff
Relevance:
Terms and conditions of the loan agreement.
Reference:
Ext.A2
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt and security executed by the defendant.
Reference:
Ext.A3, Ext.A4
Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendant for non-repayment.
Reference:
Ext.A5
Document Type: Bank statement
Submitted By: Plaintiff
Relevance:
Banker's Book Evidence Act certified bank statement showing outstanding due.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit for Realisation of Money/Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan non-repayment
Case Code
Case between Kerala Gramin Bank vs Mariyamu et al regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Mariyamu et al regarding loan repayment

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 10/03/2016 - 12:00
Case Closed
Fri, 07/21/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Government

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