Case Summary
This case involves Kerala Gramin Bank and Thomas Philip regarding a loan for agricultural purposes. The defendant defaulted on the loan, prompting the bank to file suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹2,90,028 with future interest @ 11% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due from the defendant with interest.
Why Plaintiff Won:
Claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Losing Side's Weaknesses:
Claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- THOMAS PHILIP
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural Loans executed by Thomas Philip, Statement of Account of Thomas Philip, Certified copy of Janmam Assignment Deed, Basic Tax Receipt, Possession Certificate, Acknowledgment of debt and security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Amaya. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Raoof. V.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹2,90,028 with future interest @ 11% per annum.
Evidence:
Hence, the suit is decreed with costs.
Relief Type:
Damages
Outcome:
Refused
Description:
Claim of penal interest of 2% is denied as it is against RBI Regulations.
Evidence:
The claim of penal interest of 2% is denied as it is against RBI Regulations.
Documents & Evidence
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Executed by Thomas Philip in favour of Kerala Gramin Bank, Maruthonkara Branch.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account of Thomas Philip (A/c. No. KCC01 40152131013232) of Kerala Gramin Bank, Maruthonkara Branch.
Reference:
Ext.A2
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed by Basheer and others in favour of Thomas Philip.
Reference:
Ext.A3
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued by Village Officer, Kavilumpara to Thomas Philip.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Issued by Village Officer, Kavilumpara to Thomas Philip.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security of Borrower/Coobligent
Submitted By:
Plaintiff
Relevance:
Issued by Thomas Philip to the Manager Kerala Gramin Bank, Maruthonkara Branch.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. P. Anoop to Defendant with postal receipt.
Reference:
Ext.A7
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
With acknowledgment.
Reference:
Ext.A8
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. P. Anoop to Thomas Philip with postal receipt.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Recovery of money
Case Code
Case between KERALA GRAMIN BANK vs THOMAS PHILIP regarding realization of money
Case Code Year
Case between KERALA GRAMIN BANK vs THOMAS PHILIP regarding realization of money