Case Summary
The Kerala Gramin Bank filed a suit against Molly for the recovery of an outstanding agricultural loan amounting to ₹2,42,788. The defendant failed to appear in court and the case proceeded exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹2,42,788 with future interest @ 12% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount with interest.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- MOLLY
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural loans, Statement of Account, Acknowledgment of Debt and Security from defendant, Copy of Lawyer Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank entitled to recover ₹2,42,788/- with future interest.
Evidence:
Hence, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of ₹2,42,788/- (Rupees Two Lakhs Forty Two Thousand Seven Hundred and Eighty Eight only) with future interest @ 12 % per annum from the date of suit till the date of realization.
Relief Type:
Damages
Outcome:
Refused
Description:
Claim of penal interest denied.
Evidence:
The claim of penal interest is denied.
Documents & Evidence
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by Kerala Gramin Bank, reflecting the defendant's account details.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
From the defendant to the plaintiff bank.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
From the defendant to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. P. Anoop to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the communication of the lawyer notice.
Reference:
Ext.A5(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between KERALA GRAMIN BANK vs MOLLY regarding realization of money
Case Code Year
Case between KERALA GRAMIN BANK vs MOLLY regarding realization of money