Case Summary
Kerala Gramin Bank has filed a suit against Thrivikrama Panicker for the recovery of a loan amount. The defendant has failed to repay the loan despite receiving a legal notice demanding payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.1,16,660.04/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff bank.
The evidence clearly established that the defendant is indebted to the plaintiff bank.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Ext.A1 to A8 documents were marked to prove the plaintiff claim. There is no challenge to the pleading and the evidences adduced from the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.1,16,660.04/- with interest at the rate of 11% per annum for the principal amount, compounded with monthly rests from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Thrivikrama Panicker
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Exts.A1 to A8 documents including loan application, loan sanction communication, and demand notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nazrin.A.Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.1,16,660.04/- (Rupees One Lakh Sixteen Thousand Six Hundred and Sixty and Four Paise only) from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs.
Evidence:
There is no reason to deviate from the rule "costs shall follow the event".
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves that the defendant applied for a loan from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Confirms that the loan was sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement of Agricultural Loans
Submitted By:
Plaintiff
Relevance:
Sets the terms of the loan agreement entered by the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Establishes the defendant acknowledged the debt on this date.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Establishes the defendant acknowledged the debt on this date.
Reference:
Ext.A5
Document Type:
Copy of Demand Notice
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff demanded repayment of the owed amount.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proves that the demand notice was sent to the defendant.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provides a breakdown of the loan account and dues.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Thrivikrama Panicker regarding Realisation of Money
Case Code Year
Case between Kerala Gramin Bank vs Thrivikrama Panicker regarding Realisation of Money