Case Summary
Vijaya Bank filed a suit against Beeran Mohammedkutty and Ramla for the recovery of a loan amount of Rs. 73,044/- due to non-repayment. The defendants did not appear in court and thus the case was decided in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 73,044/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the entire claimed amount of Rs. 73,044/- along with interest from the defendants.
Why Plaintiff Won:
The plaintiff proved their case by providing reliable evidence and the defendants failed to challenge the claims against them.
The plaintiff proved their case by providing reliable evidence and the defendants failed to challenge the claims against them.
Losing Side's Weaknesses:
The plaintiff proved their case by providing reliable evidence and the defendants failed to challenge the claims against them.
The plaintiff proved their case by providing reliable evidence and the defendants failed to challenge the claims against them.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. Plaintiff is entitled to realise an amount of Rs. 73,044/- (Rupees Seventy Three Thousand and Forty Four only) with interest at the rate of 11.25 % per annum compound monthly till toady and at the rate of 6 % per annum till the realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank, Tirur Branch
- Relation
- Rep. By its Branch Manager
- Party Role
- Defendant
- Party Name
- Beeran Mohammedkutty
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramla
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Loan application, Loan Sanction Letter, Letter of Repayment, Letter of Guarantee, Articles of Agreement, Hypothecation Agreement, Acknowledgement of liabilities, copies of lawyer notices, statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.V.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 73,044/- from the defendants.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Shows that the first defendant applied for a loan of Rs. 50,000/- on 08.09.2007.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Documents the sanction of the loan amount.
Reference:
Ext.A2
Document Type:
Letter of Repayment
Submitted By:
Plaintiff
Relevance:
Specifies the repayment terms agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Serves as a guarantee for the loan provided.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the hypothecation terms securing the loan.
Reference:
Ext.A6
Document Type:
Acknowledgement of liability
Submitted By:
Plaintiff
Relevance:
Indicate the liability acknowledged by the defendants over several years.
Reference:
Ext.A7 to A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copies of the notices sent to the defendants regarding the loan.
Reference:
Ext.A11, Ext.A12
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the details of the loan transaction and outstanding amount.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Vijaya Bank, Tirur Branch vs Beeran Mohammedkutty et al regarding realization of money
Case Code Year
Case between Vijaya Bank, Tirur Branch vs Beeran Mohammedkutty et al regarding realization of money