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Original Suit No. 90 OF 2019

Case between Kerala Gramin Bank vs Mehaboob et al regarding realisation of money

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-11
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Kerala Gramin Bank as the plaintiff seeking to recover a loan amount due from the defendants Mehaboob and Unneen. The defendants failed to repay the loan, leading the bank to pursue legal action for the recovery of the amount owed.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the due amount along with interest from the defendants. The plaintiff was also granted costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.52,925/- with interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the due amount along with interest from the defendants. The plaintiff was also granted costs of the suit.
Why Plaintiff Won:
The plaintiff established their case with reliable evidence, as the defendants failed to challenge the proof provided by the plaintiff.
Losing Side's Weaknesses:
The plaintiff established their case with reliable evidence, as the defendants failed to challenge the proof provided by the plaintiff.
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.52,925/- (Rupees Fifty Two Thousand Nine Hundred and Twenty Five only), with interest at the rate of 16% per annum from the date of suit till realisation on the principal amount of Rs.52,322/- (Rupees Fifty Two Thousand Three Hundred and Twenty Two only) from the defendants and their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Party Role
Defendant
Party Name
Mehaboob
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Unneen
Party Age
49
Relation
S/o
Plaintiffs Documents
Loan application dated; 09-03-2015, Demand Promissory Note dated; 09-03-2015, Take Delivery Letter to Demand Promissory Note on 09-03-2015, Agreement for General Consumption Loan 09-03-2015, Acknowledgement of Debt and Security dated 3-5-2017, Copy of statement of accounts.
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
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realise an amount of Rs.52,925/- with interest.
Evidence:
Hence the suit is decreed as follows. I. Plaintiff is entitled to realise an amount of Rs.52,925/- (Rupees Fifty Two Thousand Nine Hundred and Twenty Five only), with interest at the rate of 16% per annum from the date of suit till realisation on the principal amount of Rs.52,322/- (Rupees Fifty Two Thousand Three Hundred and Twenty Two only) from the defendants and their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
II. Plaintiff is entitled to realize costs of the suit from the defendant at confessional scale.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Ext. A1 is the loan application filed by the defendant.
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Ext. A2 is the Demand Promissory Note executed by the defendant.
Reference:
Ext.A2
Document Type: Take delivery letter to Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Ext. A3 is the Take Delivery Letter to Demand Promissory Note executed by the defendant.
Reference:
Ext.A3
Document Type: Agreement for General Consumption Loan
Submitted By: Plaintiff
Relevance:
Ext. A4 is the Agreement for General Consumption Loan executed by the defendant.
Reference:
Ext.A4
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
Ext. A5 is the Acknowledgement of Debt and Security.
Reference:
Ext.A5
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Ext. A6 is the copy of the statement of accounts showing the details of the loan transaction.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Mehaboob et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Mehaboob et al regarding realisation of money

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 07/11/2019 - 12:00
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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