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Original Suit No. 68/2016

Case between Kerala Gramin Bank vs Mohammed Rafeeque et al. regarding loan repayment

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2016-11-30
Duration
2 days
Case Closed
Wed, 11/30/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed a suit against defendants for failing to repay a loan of Rs. 50,000/- along with interest, resulting in a total due amount of Rs. 63,157/-.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants must pay the plaintiff an amount of Rs. 63,324/- with future interest at the rate of 12% per annum on the principal amount until realization, along with the suit costs.
Judgment Favored
Plaintiff
Relief Granted
Decree to pay Rs. 63,324/- with future interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed that the defendants must pay the plaintiff an amount of Rs. 63,324/- with future interest at the rate of 12% per annum on the principal amount until realization, along with the suit costs.
Why Plaintiff Won:
The plaintiff provided evidence of the loan agreement, the amount due, and repeated default by the defendants in repaying the loan.
Losing Side's Weaknesses:
The plaintiff provided evidence of the loan agreement, the amount due, and repeated default by the defendants in repaying the loan.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. The plaintiff has proved his case by the oral evidence and documents produced in this case.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The defendants are hereby directed to pay the plaintiff an amount of Rs. 63,324/- with future interest at the rate of 12 % per annum on the principal amount of Rs. 62,189/- from the date of the suit till realization. 2. Plaintiff is entitled to realize the costs of the suit from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Party Role
Defendant
Party Name
Mohammed Rafeeque
Party Age
38
Relation
S/o Saidalavi
Party Role
Defendant
Party Name
Shahul Hameed
Party Age
36
Relation
S/o Saidalavi
Plaintiffs Documents
Loan Application, Request for overdraft facilities, Demand Promissory Note, Take Delivery Letter to Demand Promissory Note, Agreement for retail credit card, Copy of Registered Lawyer Notice, True Copy of Statement of Accounts
Defendants Documents
Not mentioned

Advocates

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

Reliefs

Relief Type: Money Realization
Outcome: Granted
Description:
Decree to pay Rs. 63,324/- with future interest
Evidence:
In the result, the suit is decreed as follows: 1. The defendants are hereby directed to pay the plaintiff an amount of Rs. 63,324/- with future interest at the rate of 12 % per annum on the principal amount of Rs. 62,189/- from the date of the suit till realization.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Submitted by the first defendant for availing loan.
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Promised to pay the loan amount with specified interest.
Reference:
Ext.A3
Document Type: Copy of Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Sent as a demand for repayment.
Reference:
Ext.A6
Document Type: True Copy of Statement of Accounts
Submitted By: Plaintiff
Relevance:
Details of the amount due from the defendants.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kerala Gramin Bank vs Mohammed Rafeeque et al. regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Mohammed Rafeeque et al. regarding loan repayment

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 11/28/2016 - 12:00
Case Closed
Wed, 11/30/2016 - 12:00
From
Tue, 11/01/2016 - 12:00
To
Wed, 11/30/2016 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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