Case Summary
Kerala Gramin Bank filed a suit against Mohammed Koya.A. seeking repayment of a loan amount along with interest due to default on the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money recovery with interest and penal interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed that the defendant must pay the bank an amount due for loan default along with interest and penal interest.
Why Plaintiff Won:
The plaintiff proved the default in repayment as per the agreed terms, and the court found the interest claimed to be justifiable.
The plaintiff proved the default in repayment as per the agreed terms, and the court found the interest claimed to be justifiable.
Losing Side's Weaknesses:
The plaintiff proved the default in repayment as per the agreed terms, and the court found the interest claimed to be justifiable.
The plaintiff proved the default in repayment as per the agreed terms, and the court found the interest claimed to be justifiable.
Supporting Evidence
Section 2 of Debt Relief Act, 1977 (Kerala) deals with the definition.
Judgment Evidence:
In the result, suit is decreed as follows: The defendant is directed to pay the plaintiff Bank an amount of Rs.1,01,582/- with future interest at 12% per annum compounded on Rs. 98,103/- and a penal interest of 2% per annum on 98,103/- from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- By its Manager
- Party Role
- Defendant
- Party Name
- Mohammed Koya.A.
- Party Age
- 51
- Relation
- S/o Bappu Haji
Plaintiffs Documents
Loan Application Form, Memorandum of Agreement for agricultural loans, Copy of Statement of Accounts
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recovery of loan amount with interest and penal interest
Evidence:
In the result, suit is decreed as follows: The defendant is directed to pay the plaintiff Bank an amount of Rs.1,01,582/- with future interest at 12% per annum compounded on Rs. 98,103/- and a penal interest of 2% per annum on 98,103/- from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitting loan application and terms
Reference:
A1 - 7-3-2013
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Documentation of loan agreement
Reference:
A2 - 7-3-2013
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Providing evidence of due amount
Reference:
A3 - 15-2-2016
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
Failure to repay loan as per terms
Case Code
Case between Kerala Gramin Bank vs Mohammed Koya.A. regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Mohammed Koya.A. regarding loan repayment