Case Summary
Kerala Gramin Bank filed a suit against the defendant seeking repayment of a loan under the Kisan Credit Card Scheme. The defendant failed to repay the loan amount resulting in the bank filing a case for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs.39,997 with 12% per annum interest
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court decreed that the defendant must pay Rs.39,997 to the plaintiff bank with an interest rate of 12% per annum from the date of the suit.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence including loan application, agreements, acknowledgments, and statement of accounts, which remained unchallenged due to defendant's absence in court.
The plaintiff provided cogent and reliable evidence including loan application, agreements, acknowledgments, and statement of accounts, which remained unchallenged due to defendant's absence in court.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence including loan application, agreements, acknowledgments, and statement of accounts, which remained unchallenged due to defendant's absence in court.
The plaintiff provided cogent and reliable evidence including loan application, agreements, acknowledgments, and statement of accounts, which remained unchallenged due to defendant's absence in court.
Supporting Evidence
Since the defendants opted to remain exparte, the evidence adduced by the PW1 remained unchallenged. I find no reason to disbelieve the evidence adduced by the plaintiff. So, the plaintiff has proved his case by adducing cogent and reliable evidences.
Judgment Evidence:
In the result the suit is decreed as follows: I. The defendant is hereby directed to pay the sum of Rs.39,997/- (Rupees Thirty nine thousand nine hundred and ninety seven only) to the plaintiff with interest there on at the rate of 12% per annum from the date of suit till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff's bank.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- By its Manager
- Party Role
- Defendant
- Party Name
- Sheeba
- Party Age
- 47
- Relation
- W/o Ibrahim
Plaintiffs Documents
Application for Agricultural Loan, Memorandum of Agreement, Acknowledgment of Debt and Security, Copy of Lawyer Notice, Statement of Accounts
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Recovery of Money
Outcome:
Granted
Description:
Payment of Rs.39,997 with 12% per annum interest
Evidence:
The defendant is hereby directed to pay the sum of Rs.39,997/- (Rupees Thirty nine thousand nine hundred and ninety seven only) to the plaintiff with interest there on at the rate of 12% per annum from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Application for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Filed for the loan application
Reference:
Ext.A1
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Document related to loan agreement
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgments of debt executed by the defendant
Reference:
Ext.A3, Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered Lawyer Notice sent to the defendant
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
True copy of the statements of Accounts maintained by the plaintiff's bank
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan Repayment Default
Case Code
Case between Kerala Gramin Bank vs Sheeba et al regarding loan repayment
Case Code Year
Case between Kerala Gramin Bank vs Sheeba et al regarding loan repayment