Case Summary
The plaintiff, Kerala Gramin Bank, sanctioned an educational loan to the defendants, who failed to repay the loan despite multiple reminders. The plaintiff is seeking to recover the outstanding amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay an amount of Rs. 3,97,125/- to the plaintiff jointly and severally with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence and documentation supporting their claim.
The plaintiff provided unchallenged evidence and documentation supporting their claim.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence and documentation supporting their claim.
The plaintiff provided unchallenged evidence and documentation supporting their claim.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs. 3,97,125/- (Rupees Three lakhs Ninety Seven thousand One hundred and Twenty Five only) to the plaintiff jointly and severally with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin bank (South Malabar Gramin Bank)
- Party Role
- Defendant
- Party Name
- Thanushlal
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Velappan
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original Loan Application dated 15.11.2015, Original Educational Loan Agreement dated 27.11.2015, Acknowledgment of Debt and Security dated 30.07.2018 and 08.07.2021, statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Reena. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of Rs. 3,97,125/- with interest.
Evidence:
Thus, the suit is decreed with costs and defendants shall pay an amount of Rs. 3,97,125/-.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Document used to establish the initiation of the loan agreement.
Reference:
Ext.A1
Document Type:
Original Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the terms of the educational loan.
Reference:
Ext.A2
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the debt liability by the defendants.
Reference:
Ext.A3 series
Document Type:
Statement of account with certificate
Submitted By:
Plaintiff
Relevance:
Document showing the account details relevant to the case.
Reference:
Ext.A4
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Document showing notice to defendants regarding the repayment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document confirming the posting of the legal notice.
Reference:
Ext.A6
Document Type:
Returned Notices
Submitted By:
Plaintiff
Relevance:
Document indicating that notices were returned, relevant to communication with the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin bank (South Malabar Gramin Bank) vs Thanushlal et al regarding realization of money.
Case Code Year
Case between Kerala Gramin bank (South Malabar Gramin Bank) vs Thanushlal et al regarding realization of money.