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
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.
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.
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