Case Summary
Kerala Gramin Bank filed a suit against defendants Nidheesh. P and Sushad. P for the recovery of a personal loan amounting to Rs.1,43,112 with interest. The defendants contested the claim, asserting that the suit was not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay Rs.1,43,112 to the plaintiff jointly and severally with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the amount of Rs.1,43,112 with interest and costs.
Why Plaintiff Won:
The plaintiff proved the loan agreement and debt default through evidence.
The plaintiff proved the loan agreement and debt default through evidence.
Losing Side's Weaknesses:
The plaintiff proved the loan agreement and debt default through evidence.
The plaintiff proved the loan agreement and debt default through evidence.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendants are directed to pay Rs.1,43,112/- (Rupees One Lakh Forty Three Thousand One Hundred And Twelve Only) to the plaintiff jointly and severally 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
- Relation
- Rep. By Principal Officer/Senior Manager
- Party Role
- Defendant
- Party Name
- Nidheesh. P
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sushad. P
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Agreement for Vehicle loan executed by defendant no. 1, Guarantee Agreement, Guarantee Covering Letter, Copy of account statement for the period from 06-11-2019 to 22-05-2022.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E. Manoj Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Manoj. N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs.1,43,112/- to the plaintiff jointly and severally.
Evidence:
The suit is decreed as follows: 1. The defendants are directed to pay Rs.1,43,112/- (Rupees One Lakh Forty Three Thousand One Hundred And Twelve Only) to the plaintiff jointly and severally.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants are also 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:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Affidavit of PW1 proves the plaintiff's claim.
Reference:
Document Type:
Agreement for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
Executed by defendant no. 1 for the personal loan.
Reference:
Ext.A1
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Serves as a guarantee for the loan taken by defendant no. 1.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Related to the guarantee of the loan.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the repayment status and amount owed by the defendant.
Reference:
Ext.A4
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 Nidheesh. P et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Nidheesh. P et al regarding realization of money.