Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendant, Sri. Paul M.P, for recovery of loans availed for agricultural purposes. The defendant failed to repay the loan amount as agreed, leading to the present case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise sum of 12,65,614/- with interest and costs.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the claimed loan amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved that the defendant had availed loans and defaulted on repayment.
The plaintiff successfully proved that the defendant had availed loans and defaulted on repayment.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendant had availed loans and defaulted on repayment.
The plaintiff successfully proved that the defendant had availed loans and defaulted on repayment.
Supporting Evidence
Having gone through the documents marked and proof affidavit filed by the plaintiff, I am satisfied that the plaintiff has successfully proved that the defendant had availed loans from the plaintiff bank as stated in the plaint.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise sum of 12,65,614/- with interest at the rate of 9% per annum from the date of suit (28-11-2024) till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Paul M.P
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Original Application of Agricultural Advances, Memorandum of Agreement for Agricultural loans, Original assignment deed No. 121/2013 of SRO. Thiruvambady, Letter evidencing deposit of Title deeds, Acknowledgment of debt and security of Borrower.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sibin V Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a sum of 12,65,614/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise sum of 12,65,614/- (Rupees twelve lakh sixty five thousand six hundred and fourteen only) with interest at the rate of 9% per annum from the date of suit (28-11-2024) till the date of decree and at 6% per annum from the date of decree till realisation by sale of plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover any balance amount from the defendant personally if needed.
Evidence:
If the sale proceeds is found not sufficient to satisfy the decree, the plaintiff is entitled to realise the balance amount from the defendant personally.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the entire costs of the suit.
Evidence:
The plaintiff is also entitled to realise entire costs of the suit.
Documents & Evidence
Document Type:
Original Application of Agricultural Advances
Submitted By:
Plaintiff
Relevance:
This document evidences the application for agricultural loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
This document evidences the loan agreement entered into by the defendant.
Reference:
Ext.A2
Document Type:
Original assignment deed
Submitted By:
Plaintiff
Relevance:
This document serves as collateral in the loan agreement.
Reference:
Ext.A3
Document Type:
Letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
This document shows the mortgage created by the defendant in favor of the bank.
Reference:
Ext.A4
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt owed by the defendant to the bank.
Reference:
Ext.A5
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of the debt confirming the defendant's liability.
Reference:
Ext.A6
Document Type:
Original Application for agricultural advances
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence regarding the agricultural loan.
Reference:
Ext.A7
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
An additional agreement that supports the loan evidence.
Reference:
Ext.A8
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Further acknowledgment confirming the debt owed by the defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Another document confirming the amount owed by the defendant.
Reference:
Ext.A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves to demonstrate legal notification to the defendant.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of receipt of the lawyer notice by the defendant.
Reference:
Ext.A12(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending lawyer notices to the defendant.
Reference:
Ext.A12(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent to the defendant in the case.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the second lawyer notice by the defendant.
Reference:
Ext.A13(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the second lawyer notice.
Reference:
Ext.A13(b)
Document Type:
Computer generated copy of Account statement
Submitted By:
Plaintiff
Relevance:
Evidence of the defendant's account transactions relevant to the case.
Reference:
Ext.A14
Document Type:
Computer generated copy of Account statement
Submitted By:
Plaintiff
Relevance:
Further evidence regarding the account of the defendant.
Reference:
Ext.A15
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
This report details that the defendant has not initiated repayments.
Reference:
Ext.A16
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Sri. Paul M.P regarding recovery of loan amount
Case Code Year
Case between Kerala Gramin Bank vs Sri. Paul M.P regarding recovery of loan amount