Case Summary
Kerala Gramin Bank filed a suit against Jayasimhan V. and Sajin S. for recovery of a loan amounting to `2,32,475/- with interest. The first defendant did not repay the loan, and the second defendant, who was the guarantor, was also implicated in the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
`2,32,475/- with interest and costs of proceedings.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount of `2,32,475/- along with interest. The second defendant was deemed liable as the guarantor despite his claims of not understanding the documents.
Why Plaintiff Won:
The plaintiff established that the loan was sanctioned based on valid agreements and the defendants failed to repay as agreed.
The plaintiff established that the loan was sanctioned based on valid agreements and the defendants failed to repay as agreed.
Losing Side's Weaknesses:
The second defendant's argument regarding lack of understanding was rejected by the court.
The second defendant's argument regarding lack of understanding was rejected by the court.
Supporting Evidence
The bank has established that the plaintiff bank is entitled to realize an amount of `2,32,475/- (Rupees Two Lakhs Thirty Two Thousand Four Hundred and Seventy Five only) with interest.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize `2,32,475/- (Rupees Two Lakhs Thirty Two Thousand Four Hundred and Seventy Five only) from the defendants with 6% interest from the date of suit till the date of the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Jayasimhan V.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajin S.
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Loan Application, Agreement for Vehicle Loans, Guarantee Agreement, Guarantee Covering Letter, Details of Co-obligant/ Guarantor offered for loans, Letter Evidencing execution of documents, Loan Sanction Communication to Borrowers, Statement of Accounts, Letter to the defendants by Plaintiff Advocate, Postal Receipts, Notice to First defendant, Acknowledgment Card, Motor Insurance Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Gopalakrishnan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Deepu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Shibu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of `2,32,475/- with interest.
Evidence:
Hence issue nos.1 and 2 are found in favour of the plaintiff and found against the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the proceedings.
Evidence:
Issue no.3 is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document evidences the borrowing application made by the first defendant.
Reference:
Ext.A1
Document Type:
Agreement for vehicle loans
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the loan extended for the vehicle purchase.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement serves as the formal guarantee provided by the second defendant.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This letter accompanies the guarantee agreement, outlining its particulars.
Reference:
Ext.A4
Document Type:
Details of Co-obligant/Guarantor
Submitted By:
Plaintiff
Relevance:
This document provides details regarding the second defendant as the guarantor.
Reference:
Ext.A5
Document Type:
Letter Evidencing Execution of Documents
Submitted By:
Plaintiff
Relevance:
This letter confirms the execution of related loan documents.
Reference:
Ext.A6
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document communicates the loan sanction details to the borrowers.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This statement shows the account details and outstanding amounts.
Reference:
Ext.A8
Document Type:
Letter to the Defendants by Plaintiff Advocate
Submitted By:
Plaintiff
Relevance:
This letter represents communication from the plaintiff's advocate to the defendants.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts provide evidence of postal communications sent to the defendants.
Reference:
Ext.A10
Document Type:
Notice to First defendant
Submitted By:
Plaintiff
Relevance:
This notice was issued to the first defendant as part of the legal proceedings.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card signifies acknowledgment of receipt of communication by the defendants.
Reference:
Ext.A12
Document Type:
Motor Insurance Certificate
Submitted By:
Plaintiff
Relevance:
This certificate shows that the vehicle purchased with the loan has been insured.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Kerala Gramin Bank vs Jayasimhan V. et al regarding loan recovery.
Case Code Year
Case between Kerala Gramin Bank vs Jayasimhan V. et al regarding loan recovery.