Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for the recovery of an educational loan amount. The defendants defaulted on the repayment of the loan amount taken for education purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs. 4,00,506/- with interest @ 6% per annum from the date of suit till its realization.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding loan amount with interest. The plaintiff was also entitled to recover costs of the suit.
Why Plaintiff Won:
The plaintiff proved its case through cogent and reliable evidence.
The plaintiff proved its case through cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved its case through cogent and reliable evidence.
The plaintiff proved its case through cogent and reliable evidence.
Supporting Evidence
Since the D1 did not file written statement and D2 opted to remain exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. Defendants are directed to pay an amount of Rs. 4, 00,506/- (Rupees Four Lakh Five Hundred and Six only) with interest @ 6% per annum from the date of suit till its realization, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Shajeer.V.
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed.V.
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Loan application dated 08.09.2009, Educational Loan Agreement dated 08.09.2009, Supplemental Education Loan Agreement dated 24.03.2010, Agreement dated 31.12.2010, Acknowledgement of Debt and Security.
Defendants Documents
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
- Plaintiff
- Advocate Name
- Smt. Femya,.T.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Aseena.C.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 4,00,506/- with interest.
Evidence:
Defendants are directed to pay an amount of Rs. 4, 00,506/- (Rupees Four Lakh Five Hundred and Six only) with interest @ 6% per annum from the date of suit till its realization, to the plaintiff.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from the defendants at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the first defendant for the educational loan.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the defendants for the educational loan.
Reference:
Ext.A2
Document Type:
Supplemental Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document supplements the original loan agreement and outlines additional terms.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document is another agreement related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
These documents acknowledge the debt and security provided by the defendants.
Reference:
Ext.A5 to A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendants regarding the default in payment.
Reference:
Ext.A9
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document shows the details of the loan transaction and the amount due.
Reference:
Ext.A10
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Shajeer.V. et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Shajeer.V. et al regarding realisation of money