Case Summary
M/s.Kerala Gramin Bank filed a suit against Sagar Satish for the recovery of a loan amount. The defendant defaulted on repayments, leading the bank to seek judicial assistance to recover the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant ordered to pay Rs.2,13,401.81 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay a total of Rs.2,13,401.81 along with specified interest. The defendant was found liable for the outstanding loan amount.
Why Plaintiff Won:
The unrebutted evidence established the defendant's liability to the plaintiff.
The unrebutted evidence established the defendant's liability to the plaintiff.
Losing Side's Weaknesses:
The unrebutted evidence established the defendant's liability to the plaintiff.
The unrebutted evidence established the defendant's liability to the plaintiff.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows, 1. The plaintiff is entitled to realize Rs.2,13,401.81/- (Rupees Two Lakh and Thirteen Thousand Four Hundred and One and Eighty One paise only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Sagar Satish
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 15.11.2021, original agreement for MSME Working capital Lilits-CC & OD dated 19.11.2021, original request for overdraft facilities dated 19.11.2021, original promissory note dated 19.11.2021, Acknowledgment of debt dated 23.05.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.2,13,401.81 from the defendant.
Evidence:
In the result, suit is decreed as follows, 1.The plaintiff is entitled to realize Rs.2,13,401.81 from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to realize interest at 12% per annum on Rs.2,13,401.81 from the date of suit till date of decree.
Evidence:
2. The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,13,401.81 from the date of suit till date of decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to realize interest at 6% per annum on Rs.2,13,401.81 from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,13,401.81 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendant.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from the defendant and from his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to obtain a loan.
Reference:
Ext.A1
Document Type:
Original Agreement for MSME Working capital Lilits-CC & OD
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff for the loan.
Reference:
Ext.A2
Document Type:
Original Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to the plaintiff as part of loan processing.
Reference:
Ext.A3
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff to secure the loan.
Reference:
Ext.A4
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff as part of the loan terms.
Reference:
Ext.A5
Document Type:
Statement of Account of defendant’s loan transaction
Submitted By:
Plaintiff
Relevance:
Provided evidence of the defendant's loan transactions and outstanding amount.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment executed by the defendant, confirming the outstanding debt.
Reference:
Ext.A7
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's demand for payment from the defendant.
Reference:
Ext.A8
Document Type:
Original returned postal envelope
Submitted By:
Plaintiff
Relevance:
Returned envelope indicating that the plaintiff's notice was unserved.
Reference:
Ext.A9
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 Gramin Bank vs Sagar Satish regarding realization of money.
Case Code Year
Case between M/s.Kerala Gramin Bank vs Sagar Satish regarding realization of money.