Case Summary
Kerala Gramin Bank filed a suit against Dhaneesh R.V for the realization of a loan amount due. The defendant failed to appear in court, resulting in an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realize an amount of Rs.4,06,353/- (Rupees Four lakhs six thousand three hundred and fifty three only) with interest at the rate of 14% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, Kerala Gramin Bank, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved their case with uncontroverted evidence and documentation supporting the loan agreement and outstanding dues.
The plaintiff successfully proved their case with uncontroverted evidence and documentation supporting the loan agreement and outstanding dues.
Losing Side's Weaknesses:
The plaintiff successfully proved their case with uncontroverted evidence and documentation supporting the loan agreement and outstanding dues.
The plaintiff successfully proved their case with uncontroverted evidence and documentation supporting the loan agreement and outstanding dues.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A16 documents, the plaintiff had established its case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.Plaintiff is entitled to realise an amount of Rs.4,06,353/- (Rupees Four lakhs six thousand three hundred and fifty three only) with interest at the rate of 14% per annum from the date of suit till the date of decree from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreelakshmi
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dhaneesh R.V
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Loan application form, Affidavit in F52 form, Pronote, Agreement for open cash credit, Acknowledgment of debt.
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.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jijith Raj J.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.4,06,353/- with interest.
Evidence:
In the result, the suit is decreed with costs as follows: 1.Plaintiff is entitled to realise an amount of Rs.4,06,353/- (Rupees Four lakhs six thousand three hundred and fifty three only) with interest at the rate of 14% per annum from the date of suit till the date of decree from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim regarding the loan facility.
Reference:
Ext.A1
Document Type:
Affidavit in F52 form
Submitted By:
Plaintiff
Relevance:
This affidavit reaffirmed the plaintiff's averments and was used as evidence in the case.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document was critical in establishing the terms of the loan agreement.
Reference:
Ext.A3
Document Type:
Agreement for Open Cash Credit/Retail Credit Card/Swarozgar Credit Card
Submitted By:
Plaintiff
Relevance:
This agreement outlined the conditions under which the loan was sanctioned.
Reference:
Ext.A4
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence demonstrating the plaintiff's loan dealings with the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of debt and security (of Borrower and Guarantor)
Submitted By:
Plaintiff
Relevance:
This series of documents helped verify the debt acknowledgment by the defendant.
Reference:
Ext.A6
Document Type:
Application from the borrower seeking restructuring facility
Submitted By:
Plaintiff
Relevance:
This application was relevant in supporting the claims regarding the loan's restructuring.
Reference:
Ext.A7
Document Type:
Restructured Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This letter confirmed the approval of the restructured loan.
Reference:
Ext.A8
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter outlined the defendant's undertaking concerning the loan agreement.
Reference:
Ext.A9
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This is another critical document asserting the defendant's liability.
Reference:
Ext.A10
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
This document provided the financial details relevant to the outstanding loan.
Reference:
Ext.A11
Document Type:
Acknowledgment of debt and security borrower
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence of the defendant's acknowledgment of the debt.
Reference:
Ext.A12
Document Type:
Acknowledgment of debt and security borrower
Submitted By:
Plaintiff
Relevance:
This document supported the claim regarding the continuity of the loan acknowledgment.
Reference:
Ext.A13
Document Type:
Acknowledgment of debt and security borrower
Submitted By:
Plaintiff
Relevance:
This document indicated the legal continuity of the loan post the defendant's father's death.
Reference:
Ext.A14
Document Type:
Copy of the legal notice
Submitted By:
Plaintiff
Relevance:
This document was an essential part of the communication prior to litigation.
Reference:
Ext.A15
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirmed receipt of the legal notice by the defendant.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Dhaneesh R.V regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Dhaneesh R.V regarding realization of money