Case Summary
Kerala Gramin Bank filed a suit against Zacharias M. S for the recovery of an agricultural loan amount of ₹1,82,909. The defendant defaulted on the repayment despite several demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay ₹1,82,909 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹1,82,909 along with 11% interest from the date of suit.
Why Plaintiff Won:
The plaintiff successfully proved the defendant's outstanding loan amount.
The plaintiff successfully proved the defendant's outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff successfully proved the defendant's outstanding loan amount.
The plaintiff successfully proved the defendant's outstanding loan amount.
Supporting Evidence
It is argued that the unchallenged testimony of PW1 and Exts.A1 to Ext.A8 documents would prove and establish the case of the plaintiff in this case.
Judgment Evidence:
In the result, the suit is decreed with costs directing the defendant to pay an amount of ₹1,82,909/- (Rupees One Lakh Eighty Two Thousand Nine Hundred and Nine Only) to the plaintiff with interest @ 11% per annum from the date of institution of the suit till the date of realization of the amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Zacharias M. S
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Application for Agricultural Advance, Loan Sanction communication, Memorandum of Agreement for Agricultural Loan, Acknowledgment of Debt, Legal Notice, Postal Receipt, A. D Card, Bank Statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sabu Stephen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Antony Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
Therefore, it is found that the plaintiff is entitled to get ₹1,82,909/- (One Lakh Eighty Two Thousand Nine Hundred and Nine rupees Only) from the defendant as claimed in the plaint.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 11% per annum was allowed on the principal amount.
Evidence:
I find that interest @11% per annum has also to be allowed to the plaintiff for the principal amount of ₹1,82,909/-.
Relief Type:
Costs
Outcome:
Granted
Description:
The court allowed costs to the plaintiff.
Evidence:
Considering the facts and circumstances of the case, the cost was also allowed to the plaintiff.
Documents & Evidence
Document Type:
Application for Agricultural advance
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the loan sanction made to the defendant.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document was referenced to show the agreement terms for the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security of Borrowers / Co-obligant
Submitted By:
Plaintiff
Relevance:
This document was used to show the defendant's acknowledgment of the loan debt.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the demand for repayment sent to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document was used to prove the mailing of the legal notice.
Reference:
Ext.A6
Document Type:
A. D Card
Submitted By:
Plaintiff
Relevance:
This document was referenced as additional proof related to the legal notice.
Reference:
Ext.A7
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document was used to establish the outstanding balance due from the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Zacharias M. S regarding recovery of loan amount.
Case Code Year
Case between Kerala Gramin Bank vs Zacharias M. S regarding recovery of loan amount.