Case Summary
M/s. Kerala Gramin Bank is seeking the recovery of a loan amount from the defendants, who are not complying with the repayment terms. The plaintiff bank claims that the defendants have defaulted on the loan repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of 6,31,289/- 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 along with interest. It was determined that the defendants failed to comply with the repayment terms.
Why Plaintiff Won:
The evidence showed that the defendants had acknowledged their liability and failed to repay the loan as per the agreement.
The evidence showed that the defendants had acknowledged their liability and failed to repay the loan as per the agreement.
Losing Side's Weaknesses:
The evidence showed that the defendants had acknowledged their liability and failed to repay the loan as per the agreement.
The evidence showed that the defendants had acknowledged their liability and failed to repay the loan as per the agreement.
Supporting Evidence
The first defendant had knowledge of her liability on 15.10.2013. The suit was filed well within the period of limitation, and there was no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 6,31,289/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Anooja Dineesh
- Party Age
- 30
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Dinesh K.I
- Party Age
- 68
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Prasad K.N
- Party Age
- 54
- Relation
- S/o.
Plaintiffs Documents
Articles of Agreement, Acknowledgment of debt, Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants ordered to pay the plaintiff an amount of ₹6,31,289/- with interest
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 6,31,289/- (Rupees six lakhs thirty one thousand two hundred and eighty nine only) with interest at the rate of 6% per annum from the date of institution of the suit
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants
Documents & Evidence
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants for the purpose of the loan
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
First defendant acknowledged the liability
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanded payment from the defendants
Reference:
Ext.A6
Document Type:
Order in WP(c) No. 169/2016
Submitted By:
Plaintiff
Relevance:
Provided terms to the first defendant for liability discharge
Reference:
Ext.A10
Document Type:
Letters
Submitted By:
Plaintiff
Relevance:
Requests for consideration and time for payments from the first defendant
Reference:
Ext.A11, Ext.A12
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Final demand for payment before initiating suit
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Showed payment history and outstanding amount
Reference:
Ext.A4
Document Type:
Certified copy of Gazette Notification
Submitted By:
Plaintiff
Relevance:
Proof of the bank's status
Reference:
Ext.A1
Document Type:
Application for term loan for higher education
Submitted By:
Plaintiff
Relevance:
Provided evidence of loan application by first defendant
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Kerala Gramin Bank vs Anooja Dineesh et al regarding realisation of money.
Case Code Year
Case between M/s. Kerala Gramin Bank vs Anooja Dineesh et al regarding realisation of money.