Case Summary
Kerala Gramin Bank, represented by its Branch Manager, is suing Sakeer Hussain U. and Carmal for failing to repay a loan. Despite proper service of summons, the defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay an amount of Rs. 46,355/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of Rs. 46,355 along with interest. The case was based on a loan agreement that the defendants defaulted on.
Why Plaintiff Won:
The evidence presented by the plaintiff, which was unchallenged, established the defendants' obligation to repay the loan.
The evidence presented by the plaintiff, which was unchallenged, established the defendants' obligation to repay the loan.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs. 46,355/- (Rupees Forty Six thousand Three hundred and Fifty Five only) to the plaintiff jointly and severally with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sakeer Hussain U.
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Carmal
- Party Age
- 73
- Relation
- W/o
Plaintiffs Documents
Original loan application dated 17.04.2018, Acknowledgment of Debt dated 23.02.2021, Agreement for non-farm sector term loans dated 17.04.2018, Guarantee Agreement dated 17.04.2018, Loan sanction communication dated 17.04.2018, Copy of legal notice dated 20.10.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri.R.Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested to recover the loan amount from the defendants.
Evidence:
Thus, the suit is decreed with costs and defendants shall pay an amount of Rs. 46,355/- to the plaintiff jointly and severally with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The original loan application dated 17.04.2018 forms the basis of the loan sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
The original of Acknowledgment of Debt and Security of borrower/cobligant dated 23.02.2021 establishes the debt acknowledgment by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for Term Loans
Submitted By:
Plaintiff
Relevance:
The original of Agreement for non-farm sector term loans dated 17.04.2018 outlines the terms of the loan provided to the first defendant.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The original of Guarantee Agreement dated 17.04.2018 serves as security for the loan sanctioned.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
The Guarantee covering letter dated 17.04.2018 further supports the loan's security measures.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The copy of statement of account shows the amount due to the plaintiff as of 17.11.2023.
Reference:
Ext.A6
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
The loan sanction communication dated 17.04.2018 confirms the approval of the loan to the defendants.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The copy of legal notice dated 20.10.2023 was sent due to the defendants' failure to repay the loan.
Reference:
Ext.A8
Document Type:
Returned Legal Notices
Submitted By:
Plaintiff
Relevance:
The returned legal notices (2 Nos.) indicate failed attempts to contact the defendants regarding repayment.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Sakeer Hussain U. et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Sakeer Hussain U. et al regarding realization of money.