Case Summary
Kerala Gramin Bank is suing its borrowers, Muhammed Sameer and Athan, for the repayment of a loan of 1,00,000/- taken in 2016. The defendants failed to repay the loan despite acknowledging their debt in 2018.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay 1,31,578/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, and the defendants are directed to pay the loan amount with interest to the plaintiff. Additionally, the defendants are ordered to bear the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully proved their claim of loan default and entitlement to recover the amount with interest.
The plaintiff successfully proved their claim of loan default and entitlement to recover the amount with interest.
Losing Side's Weaknesses:
The plaintiff successfully proved their claim of loan default and entitlement to recover the amount with interest.
The plaintiff successfully proved their claim of loan default and entitlement to recover the amount with interest.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A7.
Judgment Evidence:
In the result, The suit is decreed as follows: The defendants are directed to pay 1,31,578/- (Rupees One Lakh Thirty One Thousand Five Hundred And Seventy Eight Only) jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Muhammed Sameer. M
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Athan. M
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Agreement for MSME Working Capital Limits, Pronote executed, Guarantee Agreement, Demand Notice, Account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E. Manojkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajina. P.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff the loan amount with interest.
Evidence:
The suit is decreed as follows: The defendants are directed to pay 1,31,578/- (Rupees One Lakh Thirty One Thousand Five Hundred And Seventy Eight Only) jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the costs of the suit to the plaintiff.
Evidence:
The defendants are also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Executed by Defendant 1 with the plaintiff bank.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Executed by Defendant 1 with the plaintiff bank.
Reference:
Ext.A2
Document Type:
Delivery Letter
Submitted By:
Plaintiff
Relevance:
Executed by Defendant 1.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by Defendants 1 and 2.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed by Defendant 2.
Reference:
Ext.A5
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Sent to the defendants.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Showed the period from 5/2/2016 to 31/8/2021.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Kerala Gramin Bank vs Muhammed Sameer, Athan regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Muhammed Sameer, Athan regarding realization of money.