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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
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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
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.

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

Plaintiffs

Kerala Gramin Bank (Age not specified years) Tanalur - Branch

Defendants

Saneesh.P. (37 years) Kozhisseri Nambeesanthodiyil, P.O.Ozhur, Ozhur amsom, Tirur Taluk

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

Quick Facts

Location
Tirur
Case Filed
Wed, 09/23/2015 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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