Case Summary
M/s. Indian Bank filed a suit for realization of money against Rasheed.H. and Vahida.R., who defaulted on their G.C.C. loan. The defendants are husband and wife who borrowed a loan for personal use but failed to repay it despite repeated reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.30,238/- together with interest @ 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing the bank to recover the outstanding amount due from the defendants. The court granted interest on the amount from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff successfully proved their case by providing sufficient evidence of the loan agreement and the defendants' default.
The plaintiff successfully proved their case by providing sufficient evidence of the loan agreement and the defendants' default.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Ext.A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.30,238/- together with interest @ 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Indian Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rasheed.H. @ Rasheedkutty
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vahida.R.
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Application form for OD/General Credit card, Demand promissory note, Letter of continuity, Agreement of guarantee, Details of asset and liability of defendants, Office copy of Advocate notice, Postal receipt, Unserved postal articles, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. U.Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.30,238/- together with interest.
Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.30,238/- together with interest @ 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application form for OD/General Credit card
Submitted By:
Plaintiff
Relevance:
Document establishing the loan request by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendants' commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document reinforcing the terms of the loan.
Reference:
Ext.A3
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
Document outlining the guarantees provided by the defendants.
Reference:
Ext.A4
Document Type:
Details of asset and liability of defendants
Submitted By:
Plaintiff
Relevance:
Document detailing the financial status of the defendants.
Reference:
Ext.A5
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Document showing the formal demand for loan repayment.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document confirming the sending of the advocate notice.
Reference:
Ext.A7
Document Type:
Unserved postal articles
Submitted By:
Plaintiff
Relevance:
Document indicating the failure of delivery of the advocate notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document detailing the outstanding loan amount and interest.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Indian Bank, Kadappakkada Branch vs Rasheed.H. @ Rasheedkutty et al regarding Realisation of Money
Case Code Year
Case between M/s. Indian Bank, Kadappakkada Branch vs Rasheed.H. @ Rasheedkutty et al regarding Realisation of Money