IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. 134/2021
Plaintiff : Karnataka Gramin Bank Br: Sirwar
(Formerly Known as Pragathi Gramin Bank and
Pragathi Krishna Gramin Bank) a body
corporate constituted under Regional Rural
Bank Act1976 having its head office at Bellary
and Branch at Sirwar amongst various
Branches, through its duly constituted attorney,
principal officer and Manager of Sirwar Branch
Sri. Subhashchandra.B S/o Lingangouda.B,
Aged about: Major R/o Sirwar Tq: Sirwar Dist:
Raichur.
..//versus//..
Defendants : Akbar Ali S/o. Mehaboob Ali @ Mehaboob Sab
Age: Major, occ: Agriculture
R/o Athanur village
Tq: Sirwar Dist:Raichur
Claim : Suit for Recovery of Money of Rs.1,23,164-00
PLAINT U/O VII RULE 1 & 2
OF C.P.C.
In the above the plaintiff above named most humbly submits as under:-
1. That, the address of the plaintiff Bank for the purpose of service of
all processes, notices etc., is that of its counsel Sri. M. Virupaxigouda
Advocate, Station Road Raichur and addresses of the defendants for the
said purposes is as shown in the cause title.
2. That, the plaintiff bank was earlier known as Pragathi Gramina
Bank and Pragathi Krishna Gramin Bank. The Govt of India vide
Gazzette notification No.852 dt: 22-02-2019 has notified amalgamation
of Pragathi Krishna Gramin Bank sponsored by the Canara Bank and
Kaveri Grameema Bank sponsored by State Bank India and formed new
RRB called as “Karnataka Gramin Bank”. Thus Paragathi Krishna
Gramin Bank called to be as Karnataka Gramin Bank with effect from
01-04-2019.
3. That, at the request of the defendant’s father Mehaboob Ali, the
plaintiff bank sanctioned a financial assistance of Rs. 50,000/- to the
him on 25-02-2013 for the purpose of growing crops in his land bearing
Sy. No. 431/A-1 measuring 03 acres 28 gunta of Athanur village, Tq:
Sirwar Dist: Raichur. The above loan was sanctioned to the Mehaboob Ali
under A/c No. 81915354007915. In consideration of having received the
above loan from the plaintiff bank and as a security to the same, the
Mehaboobali in the capacity of borrower has executed a Agreement cum
deed of Hypothecation for Agricultural Loans in favour of Plaintiff Bank
on 25-02-2013 hypothecating the crops grown and likely to be grown in
the above land, agreeing to repay the above loan within 12 months in
case short term crops and 18 months in case annul yielding crops or
marketing of produce, whichever is earlier and tenable for 5 years
together with interest at 11.25% per annum compoundable half yearly
and also agreed to pay 2% penal interest in case of his default in
repayment. The above loan was sanctioned to the Mehaboob Ali on the
security of above documents executed by him for the due repayment of
the loan and also on the security of hypothecation of the crops grown
and likely to be grown in the above land. All the relevant documents
executed by the Mehaboob Ali are produced for perusal of this Hon’ble
Court.
4. That, after availment of loan in spite of repeated requests and
demands made to the Mehaboob Ali and defendant, but they have not
turned up so far to make the payment of the amount due to the plaintiff
bank. The plaintiff bank through its recovery officers approached
personally demanding the due amount, but in vain. Hence this suit. The
defendant had executed a letter of revivals on 01-01-2016 and 07-12-
2018 in favour of the Plaintiff Bank to confirming the suit loan with the
plaintiff Bank.
5. That now a sum of Rs.1,23,164/- due against the defendant
under the suit loan account with interest debited upto 30-09-2021.
Further he is liable to pay future interest at 11.25% + 2% penal interest
p.a compounded half yearly from 01-10-2021 till its realization of entire
due amount with full costs of suit. The defendant is the legal heir and
successor of deceased Mehaboob Ali, therefore he is liable to clear the
dues.
6. That, above are facts which constitutes the cause of action for this
suit which arose for the first time on 25-02-2013 when the defendant’s
father availed the loan by executing the documents, further on 01-01-
2016 and 07-12-2018 when defendant executed the letter of revivals, and
finally on 01-11-2021 when plaintiff approached the defendant for
recovery of loan amount, inspite of demands the defendant did not care
to clear the dues and the same has arisen within the jurisdiction of this
Hon’ble court.
8. That the suit is Valued at Rs. 1,23,164/- for the purpose of
jurisdiction and the court fees of Rs. 8247/- paid on the plaint through
Challan No. CR01121007000615824 dated: 29-11-2021 of State Bank of
India, which is sufficient.
9. Considering the nature of the suit, Place of accrual cause of action
and its Valuation the Hon’ble Court has got territorial and pecuniary
jurisdiction to grant the relief sought here in.
10. That the suit is within the period of Limitation.
Hence it is prayed,
that the suit of the plaintiff bank be decreed against the defendant as
under:-
A] A money Decree for Rs. 1,23,164/- together with interest thereon at
13.25% P.A. Compoundable with half yearly rest from the date of suit to
till its realization be granted in favour of the plaintiff Bank and against
the defendants.
B] The plaintiff Bank may be permitted the sell the hypothecated crops
grown in the land Sy. No. 431/A-1 measuring 03 acres 28 gunta of
Athanur village, Tq: Sirwar Dist: Raichur belonging to defendant and
appropriate it towards decreetal amount.
C] The charge may be created on land Sy. No. 431/A-1 measuring 03
acres 28 gunta of Athanur village, Tq: Sirwar Dist: Raichur belonging to
the defendant till the realization of the Decreetal amount.
D] Any other relief or relief’s which the Hon’ble court may deems fit in
the circumstance of the case may also be granted.
E] Cost of the suit be awarded in the interest of justice.
Place: Manvi Plaintiff
Date: -12-2021
Subhashchandra.B
Manager KGB Sirwar
V E R I F I C A T I O N
I, Subhashchandra.B the Manager, duly constituted attorney and
principal officer of the plaintiff Bank do herein declare that the contents
of the above plaint at Para No. 1 to 10 and prayer are true and correct to
the best of my knowledge, belief and as per information received and I
believe them to be true and correct. Hence verified.
Place: Manvi Plaintiff
Date: -12-2021
Through Subhashchandra.B
Manager KGB Sirwar
M.Virupaxigouda
Advocate, Raichur
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
V E R I F Y I N G A F F I D A V I T
I, Subhashchandra.B S/o Linganagouda Age: Major, Occ: Branch
Manager, Karnataka Gramin Bank Sirwar. R/o Sirwar, Tq: Sirwar Dist:
Raichur do herein solemnly affirms and state on oath as under:-
1. That I am the Branch Manager, Duly constituted attorney and
principal officer of the plaintiff Bank and therefore I am fully
conversant with the facts of the cases.
2. That the contents of the above plaint at Para No.1 to 10 and prayer
are true and correct to the best of knowledge, belief and as per
information received and I believe them to be true and correct.
Hence Verified.
Place: Manvi Deponent
Date: -12-2021
(Subhashchandra.B)
Identified by me.
Advocate
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
List of Documents Filed on behalf of the Plaintiff bank.
1. Original Loan application Submitted by defendant 25-02-2013
2. Original Agreement cum deed of Hypothecation for
agricultural loans 25-02-2013
3. Original Request Letter for Agricultural 25-02-2013
Over draft Facilities/ kisan credit card
4. Original letter of Revival 01-01-2016
5. Original letter of Revival 07-12-2018
6. Certified Copy of RoR of land Sy No.431/A/1
pertaining to the year 2013-2014
7. Ledger Extract
.
Place: Manvi
Date: -12-2021 Counsel for Plaintiff
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
INDEX
Sl.
Particulars No. of Pages Court Fees
No.
1 Valuation Certificate 1 page --
2.
Plaint with verifying affidavit 4 pages Rs.8247/-
Duplicate Plaint with verifying
3.
affidavit 4 pages
4. List of documents with 5
__
documents 1 page
5.
Rs. 1/- + Rs.
Vakalatanama 1 page
30/- KAWF
6. Process Memo with two set of
Rs.8/-
copy of plaint.
Total
Place: Manvi
M Virupaxigowda
Date: -12-2021 Counsel for Plaintiff
KAR No.3142/99
Mobile:9448184132
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
VALUATION SLIP
The above suit is filed for recovery of a sum of
Rs. 1,23,164/-. Therefore the court fees of
Rs. 8247/- paid on the plaint as per Sec. 21 of
KCF and SV Act is sufficient
The same valuation is adopted for the
purposes of Jurisdiction.
Place: Manvi
Date: -12-2021 Counsel for Plaintiff
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
Process Memo
In the above suit process fee for Rs.8/-
Paid herein for issuing the suit
Summons to defandant.
Place: Manvi
Date: -12-2021 Counsel for Plaintiff
IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI
O.S. No. 134 /2021
Karnataka Gramin Bank Br. Sirwar V/s. Akbarali.
EXAMINATION IN CHIEF IN THE FORM OF AFFIDAVIT
Name : Subhashchandra.B
Father’s Name : Lingangouda.B,
Age : 40 years,
Occupation : Manager,
Residence : Sirwar.
Do herein solemnly affirms and states on oath as under :-
1. I am working as Manager in plaintiff bank, Karnataka Gramin
Bank, Branch Sirwar Tq: Sirwar and in the said capacity I am taking acts
and performances of said branch and on said capacity I am giving
evidence in this case on behalf of our bank.
2.I further state that, at the request of the defendant’s father Mehaboob
Ali, the our bank sanctioned a financial assistance of Rs. 50,000/- to the
him on 25-02-2013 for the purpose of growing crops in his land bearing
Sy. No. 431/A-1 measuring 03 acres 28 gunta of Athanur village, Tq:
Sirwar Dist: Raichur. The above loan was sanctioned to the Mehaboob Ali
under A/c No. 81915354007915. In consideration of having received the
above loan from the our bank and as a security to the same, the
Mehaboobali in the capacity of borrower has executed a Agreement cum
deed of Hypothecation for Agricultural Loans in favour of our Bank on
25-02-2013 hypothecating the crops grown and likely to be grown in the
above land, agreeing to repay the above loan within 12 months in case
short term crops and 18 months in case annul yielding crops or
marketing of produce, whichever is earlier and tenable for 5 years
together with interest at 11.25% per annum compoundable half yearly
and also agreed to pay 2% penal interest in case of his default in
repayment. The above loan was sanctioned to the Mehaboob Ali on the
security of above documents executed by him for the due repayment of
the loan and also on the security of hypothecation of the crops grown
and likely to be grown in the above land.
3. I further state that, after availment of loan in spite of repeated
requests and demands made to the Mehaboob Ali and defendant, but
they have not turned up so far to make the payment of the amount due
to the our bank. The plaintiff bank through its recovery officers
approached personally demanding the due amount, but in vain. The
defendant had executed a letter of revivals on 01-01-2016 and 07-12-
2018 in favour of our Bank to confirming the suit loan with the Bank.
4.I further state that, now a sum of Rs.1,23,164/- due against the
defendant under the suit loan account with interest debited upto 30-09-
2021. Further he is liable to pay future interest at 11.25% + 2% penal
interest p.a compounded half yearly from 01-10-2021 till its realization
of entire due amount with full costs of suit. The defendant is the legal
heir and successor of deceased Mehaboob Ali, therefore he is liable to
clear the dues.
5.I further state that, above are facts which constitutes the cause of
action for this suit which arose for the first time on 25-02-2013 when the
defendant’s father availed the loan by executing the documents, further
on 01-01-2016 and 07-12-2018 when defendant executed the letter of
revivals, and finally on 01-11-2021 when we approached the defendant
for recovery of loan amount, inspite of demands the defendant did not
care to clear the dues.
6. I further state that, I have produced following documents along
with the plaint may be taken as evidence and may be marked as exhibits.
1. Original Loan application Submitted by defendant father dtd:
25-02-2013
2. Original Agreement cum deed of Hypothecation for agricultural
loans dtd: 25-02-2013
3. Original Request Letter for Agricultural Over draft Facilities/
kisan credit card dtd: 25-02-2013
4. Original letter of Revival dtd: 01-01-2016
5. Original letter of Revival dtd:07-12-2018
6. Certified Copy of RoR of land Sy No.431/A/1 pertaining to the
year 2013-2014
7. Ledger Extract
Hence I prays this court to decree the suit of our plaintiff bank as prayed
for in the plaint.
7. The contents of the affidavit are true and correct to the best of my
knowledge and belief.
Hence deposed.
Place: Manvi Deponent
Date: 10-03-2022
( Subhashchandra.B )
IN THE COURT OF HON’BLE CIVIL JUDGE AT MANVI
O.S. No. 134 /2021
Karnataka Gramin Bank V/s Akbar Ali
Br: Sirwar
MEMO
That in the above case the counsel for the
plaintiff bank herein producing examination in
chief by way of affidavit u/o 18 rule 4 of CPC.
Place: Manvi
Date: 10-03-2022 Counsel for Plaintiff
