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C.S. 75 /2022

Case between The Manager, Kerala Gramin Bank vs Eanari kunhi Kadheesa et al regarding money recovery

Court
COURT OF COMMERCIAL JUDGE, KOYILANDY
Judge
Sri. Visakh. V.S.
Order Date
2025-01-04
Duration
approximately-2 years 9 months
Case Code No.
75
Case Closed
Sat, 01/04/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for recovery of a housing loan amount. The first and second defendants had defaulted on the payment of the loan, leading to the legal proceedings.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendants to pay the plaintiff a total of Rs 9,64,625/- along with interest. A charge was created on the property for securing the decree amount.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay Rs 9,64,625/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay the plaintiff a total of Rs 9,64,625/- along with interest. A charge was created on the property for securing the decree amount.
Why Plaintiff Won:
The plaintiff proved that the defendants availed a housing loan and defaulted on payments.
Losing Side's Weaknesses:
The plaintiff proved that the defendants availed a housing loan and defaulted on payments.
Supporting Evidence
It is proved that the first and second defendants had availed a housing loan of rupees nine lakhs from the plaintiff bank by agreeing to repay the loan amount with a minimum of 11.25% interest.

Judgment Evidence:

In view of the finding on the first, second and third issues, it is hereby ordered that: A charge equivalent to the decretal amount is hereby created on the plaint schedule property, and in the event of failure on the part of the defendants to pay the amount within a period of three months from this day, the plaintiff shall be at liberty to realise the outstanding amount by sale of the said property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Manager, Kerala Gramin Bank
Party Role
Defendant
Party Name
Eanari kunhi Kadheesa
Party Age
53
Relation
W/o
Party Role
Defendant
Party Name
Eanari Muneer
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Eanari Alikutty
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Panayullakandimeethal Kunhikelappan
Relation
S/o
Party Role
Defendant
Party Name
Panayullakandimeethal Sarunkumar
Relation
S/o
Plaintiffs Documents
Promissory note, Housing Loan Agreement, Acknowledgment of Debt, Account Statement, Agricultural Loan Agreement
Defendants Documents
Assignment Deed, Payment Receipts, Account Pass Book

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. Ramachandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.G. Praveen Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt. P.S. Seena
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. N. Ajeesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The first and second defendants do pay to the plaintiff the sum of Rs 9,64,625/-
Evidence:
In view of the finding on the first, second and third issues, it is hereby ordered that: A The first and second defendants do pay to the plaintiff the sum of Rs 9,64,625/-
Relief Type: Recovery
Outcome: Granted
Description:
The first and third defendants do pay to the plaintiff the sum of Rs 59,575/-
Evidence:
B The first and third defendants do pay to the plaintiff the sum of Rs 59,575/-
Relief Type: Other
Outcome: Granted
Description:
A charge equivalent to the decretal amount is created on the plaint schedule property
Evidence:
C A charge equivalent to the decretal amount is hereby created on the plaint schedule property

Documents & Evidence

Document Type: Pronote
Submitted By: Plaintiff
Relevance:
Executed by the first and second defendants for a sum of 9,00,000/-
Reference:
Ext.A1
Document Type: Take Delivery Letter
Submitted By: Plaintiff
Relevance:
Executed by the first and second defendants for a sum of 9,00,000/-
Reference:
Ext.A2
Document Type: Housing Loan Agreement
Submitted By: Plaintiff
Relevance:
Executed by the first and second defendants for a sum of 9,00,000/-
Reference:
Ext.A3
Document Type: Acknowledgment Debt
Submitted By: Plaintiff
Relevance:
Executed by the first defendant acknowledging a sum of 10,53,110/-
Reference:
Ext.A4
Document Type: Acknowledgment Debt
Submitted By: Plaintiff
Relevance:
Executed by the first defendant admitting a sum of Rs 12,57,834/- outstanding
Reference:
Ext.A5
Document Type: Agricultural Loan Agreement
Submitted By: Plaintiff
Relevance:
Executed by the first and third defendants for a sum of Rs 50,000/-
Reference:
Ext.A7
Document Type: Link Letter of Additional Loan
Submitted By: Plaintiff
Relevance:
Confirms the mortgage and additional loan facilities
Reference:
Ext.A15
Document Type: Assignment Deed
Submitted By: Defendant
Relevance:
A certified copy referenced by the defendants
Reference:
Ext.B1
Document Type: Account Pass Book
Submitted By: Defendant
Relevance:
Original passbook offered as evidence
Reference:
Ext.B2
Document Type: Payment Receipt
Submitted By: Defendant
Relevance:
Includes multiple payment receipts to support the defense
Reference:
Ext.B3
Document Type: Account Pass Book
Submitted By: Defendant
Relevance:
Original passbook referenced by the defendants
Reference:
Ext.B4

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2022

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Case Filed
Fri, 04/01/2022 - 12:00
Case Closed
Sat, 01/04/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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