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ORIGINAL SUIT No.328 OF 2015

Case between Kerala Gramin Bank vs Saneesh.P. regarding loan repayment

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-09-28
Duration
2 years 11 months 16 days
Case Closed
Thu, 09/28/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Kerala Gramin Bank filed a suit against Saneesh.P. seeking realization of overdue loan amount with interest due to default in repayment.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, directing the defendant to pay the overdue amount with future interest till realization.
Judgment Favored
Plaintiff
Relief Granted
Repayment of overdue amount with future interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay the overdue amount with future interest till realization.
Why Plaintiff Won:
The plaintiff proved its case with cogent and reliable evidence, while the defendant could not substantiate their claim for subsidy and reduced interest rate.
Losing Side's Weaknesses:
The plaintiff proved its case with cogent and reliable evidence, while the defendant could not substantiate their claim for subsidy and reduced interest rate.
Supporting Evidence
On perusal of the document it can be ascertained that the printing of the paper in which Ext.A4 was executed is in the year 2012. Even though PW1 to PW3 were subjected to lengthy cross examination nothing would reveal to unruffled the evidence adduced by them. The execution of Ext.A4 is proved through PW3.

Judgment Evidence:

The plaintiff proved its case by adducing cogent and reliable evidence. The defendant has no case in hand that he remitted entire amount promptly and they are entitled for the subsidy available for those and also entitled for the reduced rate of interest. No oral evidence was adduced by the defendant to substantiate that the interest rate for Kisan Credit Card Scheme is only 4% per annum irrespective of its repayment period taken by the parties. Hence the plaintiff is entitled for a decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
By its Manager
Party Role
Defendant
Party Name
Saneesh.P.
Party Age
37
Relation
S/o Padmanabha Panicker
Plaintiffs Documents
Agricultural Loan application dated 12-10-2007, Memorandum of Agreement, Acknowledgement of Debt/and Security, Lawyer Notice, Copy of statement of Accounts
Defendants Documents
Reply letter from Kerala Gramin Bank with Copy of statement of Accounts

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
Defendant
Advocate Name
Sri. E.M.Purushothaman
Appearance Type
Main Counsel

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Repayment of overdue loan amount with future interest
Evidence:
The defendant is hereby directed to pay an amount of Rs 68,329/- with a future interest @ 9% per annum on the principal amount of Rs.65,486/- till the date of realization.

Documents & Evidence

Document Type: Agricultural Loan application
Submitted By: Plaintiff
Relevance:
Documented loan application dated 12-10-2007.
Reference:
A1
Document Type: Memorandum of Agreement
Submitted By: Plaintiff
Relevance:
Documented agreement executed by the defendant for agricultural loan on 12-10-2007.
Reference:
A2
Document Type: Acknowledgement of Debt/and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment documents dated 14-1-2010 and 15-10-2012.
Reference:
A3, A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Registered lawyer notice dated 24-1-2015.
Reference:
A5
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Copy of statement of accounts provided by the plaintiff.
Reference:
A6
Document Type: Reply letter
Submitted By: Defendant
Relevance:
Reply letter from Kerala Gramin Bank with Copy of statement of Accounts.
Reference:
B1

Case Classification

Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between Kerala Gramin Bank vs Saneesh.P. regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Saneesh.P. regarding loan repayment

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 09/23/2015 - 12:00
Case Closed
Thu, 09/28/2017 - 12:00
From
Fri, 09/01/2017 - 12:00
To
Sat, 09/30/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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