Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, Shahad and Yoosuf, for non-repayment of an educational loan. The bank claims the defendants defaulted on their loan agreement and seeks repayment of the amount due along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs 3,21,535 with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay the plaintiff the sum of Rs 3,21,535 along with interest and costs of the suit, ruling that the defendants were liable for repayment of the educational loan.
Why Plaintiff Won:
Defendants acknowledged loan agreements and failed to provide evidence of repayments.
Defendants acknowledged loan agreements and failed to provide evidence of repayments.
Losing Side's Weaknesses:
Defendants acknowledged loan agreements and failed to provide evidence of repayments.
Defendants acknowledged loan agreements and failed to provide evidence of repayments.
Supporting Evidence
It is proved that Exts A1 to A5 documents were indeed executed by the defendants.
Judgment Evidence:
It is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 3,21,535/- (Rupees Three Lakhs Twenty One Thousand Five Hundred and Thirty Five Only) with interest thereon at the rate of 9% per annum from the date of suit till this day and with interest thereon at the rate of 6% per annum from this day till the date of realization of the said sum and do also pay the costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Shahad
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Yoosuf
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Education Loan Agreement, Acknowledgment of debt documents, Account Statement, Lawyer Notice with postal acknowledgment
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anuradha Chandran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.V. Sidharthan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are ordered to pay to the plaintiff the sum of Rs 3,21,535/-.
Evidence:
It is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 3,21,535/- with interest thereon at the rate of 9% per annum from the date of suit till this day.
Documents & Evidence
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Proves that the first and second defendants had indeed availed a loan for a sum of Rs 3,00,000/- from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledged that a sum of Rs 3,00,000/- has been sanctioned at the rate of 13% per annum is due and outstanding.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledged that a sum of Rs 1,87,007/- exclusive of interest from 30/6/2016 at the rate of 14.25% per annum is due and outstanding.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledged that a sum of Rs 2,12,570/- exclusive of interest from 31/12/2018 at the rate of 14.25% per annum is due and outstanding.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledged that a sum of Rs 3,12,560/- exclusive of interest from 1/12/2021 at the rate of 14.25% per annum is due and outstanding.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows that a sum of Rs.3,16,607/- as on 31/12/2021 is due from the defendants.
Reference:
Ext.A6
Document Type:
Lawyer Notice with postal acknowledgment
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the loan repayment.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2022