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Original Suit No. 246 OF 2019

Case between Kerala Gramin Bank vs Radeesh.K. et al regarding loan recovery

Court
THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-10-29
Duration
Case Closed
Tue, 10/29/2019 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank has filed a suit against Radeesh.K. and his father Bhaskaran.K. for the recovery of a loan amounting to Rs. 4,49,277/- which the defendants failed to repay. The defendants were absent during the proceedings and did not contest the claims.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the bank, ordering the defendants to pay the loan amount along with interest at 6% per annum. The court also allowed the bank to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Rs. 4,49,227/- with interest @ 6% per annum from the date of suit till its realization, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the bank, ordering the defendants to pay the loan amount along with interest at 6% per annum. The court also allowed the bank to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his case with cogent and reliable evidence, and the defendants did not contest the claim.
Losing Side's Weaknesses:
The plaintiff proved his case with cogent and reliable evidence, and the defendants did not contest the claim.
Supporting Evidence
The plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows. I. Defendants are directed to pay an amount of Rs. 4,49,227/- (Rupees Four Lakh Forty Nine Thousand Two Hundred and Seventy Seven only) with interest @ 6% per annum from the date of suit till its realization, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
By its Manager
Party Role
Defendant
Party Name
Radeesh.K.
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Bhaskaran.K.
Party Age
65
Relation
S/o
Plaintiffs Documents
Loan application dated 28.12.2011, Educational Loan Agreement dated 28.12.2011, Agreement dated 28.12.2011, Supplemental Education Loan Agreement dated 28.12.2011, Acknowledgement of Debt and Security, copy of Lawyer Notice dated 23.04.2019, statement of accounts showing details of the loan transaction.
Defendants Documents

Advocates

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

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff's request to recover Rs. 4,49,227/- with interest was granted.
Evidence:
the suit is decreed as follows. I. Defendants are directed to pay an amount of Rs. 4,49,227/- (Rupees Four Lakh Forty Nine Thousand Two Hundred and Seventy Seven only) with interest @ 6% per annum from the date of suit till its realization, to the plaintiff.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
II Plaintiff is entitled to realize costs of the suit from the defendant at confessional scale.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
This document is the application submitted by the defendants for the educational loan.
Reference:
Ext.A1
Document Type: Educational Loan Agreement
Submitted By: Plaintiff
Relevance:
This document outlines the terms of the educational loan agreed upon by the defendants.
Reference:
Ext.A2
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
This document is part of the agreement regarding the educational loan.
Reference:
Ext.A3
Document Type: Supplemental Education Loan Agreement
Submitted By: Plaintiff
Relevance:
This document supplements the original loan agreement for additional clarity on loan conditions.
Reference:
Ext.A4
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
These documents acknowledge the debt and security agreements related to the loan.
Reference:
Ext.A5 to A7
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is a notice sent by the lawyer to the defendants regarding the loan.
Reference:
Ext.A8
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
This document shows the details of the loan transaction and the amount due from the defendants.
Reference:
Ext.A9

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Radeesh.K. et al regarding loan recovery
Case Code Year
Case between Kerala Gramin Bank vs Radeesh.K. et al regarding loan recovery

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 10/29/2019 - 12:00
Case Closed
Tue, 10/29/2019 - 12:00
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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