Case Summary
The case involves Kerala Gramin Bank seeking recovery of a loan amount from a Joint Liability Group comprising multiple members. The defendants defaulted on the repayment despite receiving notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,48,058/- with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest and costs. The defendants did not appear in court, resulting in an ex-parte judgment.
Why Plaintiff Won:
The evidence presented by the plaintiff established the defendants' liability to repay the loan amount.
The evidence presented by the plaintiff established the defendants' liability to repay the loan amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the defendants' liability to repay the loan amount.
The evidence presented by the plaintiff established the defendants' liability to repay the loan amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹2,48,058/- is due from the defendants. The documents produced by the plaintiff establish that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹2,48,058/- (Rupees Two Lakhs Forty-Eight Thousand and Fifty Eight only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Branch Manager Nijn S.R
- Party Role
- Defendant
- Party Name
- Arundhathi JLG Vizhinjam Unit
- Relation
- represented by Raji.M
- Party Role
- Defendant
- Party Name
- Raji.M
- Party Age
- 40
- Relation
- W/o. Selvaraj
- Party Role
- Defendant
- Party Name
- Mariya Pushpam. T
- Party Age
- 51
- Relation
- W/o. Nasarath
- Party Role
- Defendant
- Party Name
- Teena. A
- Party Age
- 25
- Relation
- W/o. Arogyadasan
- Party Role
- Defendant
- Party Name
- Kurisamma
- Party Age
- 60
- Relation
- W/o. Eliyas
Plaintiffs Documents
Original application dated 16/11/2017, original promissory note dated 16/11/2017, Original Take Delivery Letter to DPN dated 16/11/2017, bank statement from 16/11/2017 to 16/06/2023, inter-se agreement executed by the defendants dated 16/11/2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K. Siraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ganesh Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹2,48,058/- with interest from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of ₹2,48,058/- (Rupees Two Lakhs Forty-Eight Thousand and Fifty-Eight only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original Application
Submitted By:
Plaintiff
Relevance:
Establishes the basis for the loan request and details of the transaction.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Serves as a legal proof of the debt due from the defendants.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Documentation confirming the acceptance of terms regarding the loan.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows transactions related to the loan account and outstanding balance.
Reference:
Ext.A4
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Defines the responsibilities and obligations of the defendants regarding the loan.
Reference:
Ext.A5
Document Type:
Original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans
Submitted By:
Plaintiff
Relevance:
Secures the interests of the bank regarding the loan provided to the defendants.
Reference:
Ext.A6
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
Confirms the continuance of the loan agreement and acknowledgment of the debt.
Reference:
Ext.A7
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal communication to demand repayment from the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Proof of communication sent to the defendants regarding their debt.
Reference:
Ext.A9 series
Document Type:
Returned Advocate Notices
Submitted By:
Plaintiff
Relevance:
Documentation showing the non-receipt of advocate notices by the defendants.
Reference:
Ext.A10 series
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
OS.NO.
Case Code Year
2023