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O.S No. 230/2021

Case between M/s. Kerala Grammin Bank vs Sameer K.H et al regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-19
Duration
approximately-9 years 16 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. Kerala Grammin Bank filed a suit against Sameer K.H and others for the recovery of a loan amount. The loan was taken for vehicle purchase, and the defendants have failed to repay despite acknowledging the debt.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendants to repay the loan amount along with interest. The plaintiff is also entitled to costs associated with the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay the plaintiff an amount of Rs.1,49,220/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to repay the loan amount along with interest. The plaintiff is also entitled to costs associated with the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the uncontested evidence.
Supporting Evidence
There is no reason to disbelieve the evidence tendered by PW1. From the uncontested evidence of PW1, I am of the opinion that the case of the plaintiff stands proved.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 1,49,220/- (Rupees one lakh forty nine thousand two hundred and twenty only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Kerala Grammin Bank
Relation
represented by its Manager and Principal Officer
Party Role
Defendant
Party Name
Sameer K.H
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Soumya Joseph
Party Age
41
Relation
W/o
Party Role
Defendant
Party Name
Joseph Sebastian
Party Age
48
Relation
S/o
Plaintiffs Documents
Application for Loan, Details of Co-obligant, Agreement for vehicle loans, Guarantee Agreement, Acknowledgment of debt and security
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
B. Jayaprakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renju John
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Suja R Nair
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thresia Anu P.J
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover the amount due from the defendants.
Evidence:
the plaintiff is entitled to a decree in its favour.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Application for Loan
Submitted By: Plaintiff
Relevance:
Loan application for the term loan availed by the first defendant.
Reference:
Ext.A1
Document Type: Details of Co-obligant
Submitted By: Plaintiff
Relevance:
Information regarding the co-obligant in the loan agreement.
Reference:
Ext.A2
Document Type: Details of Co-obligant/Guarantor
Submitted By: Plaintiff
Relevance:
Information regarding the guarantor of the loan.
Reference:
Ext.A3
Document Type: Agreement for vehicle loans
Submitted By: Plaintiff
Relevance:
The agreement outlining the terms of the vehicle loan.
Reference:
Ext.A4
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
The guarantee agreement ensuring repayment of the loan.
Reference:
Ext.A5
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
An additional guarantee agreement related to the loan.
Reference:
Ext.A6
Document Type: Computer print out of Statement of Account
Submitted By: Plaintiff
Relevance:
The statement of account showing the repayment transactions of the loan.
Reference:
Ext.A7
Document Type: Certificate u/s. 2A (a) and 2A(b) of Banker’s Books Evidence Act
Submitted By: Plaintiff
Relevance:
Evidence supporting the bank transactions related to the loan.
Reference:
Ext.A7(a)
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
A document acknowledging the debt by the first defendant.
Reference:
Ext.A8
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
A second acknowledgment of debt by the first defendant.
Reference:
Ext.A9
Document Type: Office copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
The legal notice sent to the defendants regarding the debt.
Reference:
Ext.A10
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Evidence of receipt for the legal notice sent.
Reference:
Ext.A11
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Second evidence of receipt for the legal notice sent.
Reference:
Ext.A12
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Third evidence of receipt for the legal notice sent.
Reference:
Ext.A13

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Kerala Grammin Bank vs Sameer K.H et al regarding realisation of money
Case Code Year
Case between M/s. Kerala Grammin Bank vs Sameer K.H et al regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 04/28/2015 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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