Case Summary
M/s. Kerala Gramin Bank filed a suit against Ruby Baby and Mohanan K.S for the recovery of a loan amount. The defendants defaulted on repayment, leading the bank to seek a decree for the owed sum plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.51,626 along with specified interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, allowing them to recover the loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence and documents proving the defendants' liability.
The plaintiff provided unrebutted evidence and documents proving the defendants' liability.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence and documents proving the defendants' liability.
The plaintiff provided unrebutted evidence and documents proving the defendants' liability.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A6 documents the plaint averments stands proved. Hence the plaintiff bank is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.51,626 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ruby Baby
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohanan K.S
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Loan application form dated 14.07.2016, Agreement for General Consumption loans dated 14.07.2016, Promissory note and Take delivery letter to DPN dated 14.07.2016, Computer printout of statement of account dated 22.07.2019, Acknowledgment of debt dated 11.05.2018, Acknowledgment of debt dated 01.10.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja.R.Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.51,626 along with interest.
Evidence:
A) The plaintiff bank is allowed to recover Rs.51,626 (Rupees Fifty One thousand Six hundred and Twenty Six only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit from the defendants.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document relates to the loan applied for by the first defendant.
Reference:
Ext.A1
Document Type:
Agreement for General Consumption Loans
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed for the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
Promissory note and Take delivery letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is a promissory note signed by the defendants for the loan amount.
Reference:
Ext.A3
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This document shows the status of the loan account from its inception until a specific date.
Reference:
Ext.A4
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt executed by the first defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt executed by the second defendant.
Reference:
Ext.A6
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 Ruby Baby et al regarding realisation of money.
Case Code Year
Case between M/s. Kerala Gramin Bank vs Ruby Baby et al regarding realisation of money.