Case Summary
The plaintiff, India Bank, is seeking to recover a loan amount from the defendants, who defaulted on repayment. The case went ex parte as the defendants failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,82,667/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the owed loan amount along with interest from the defendants.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged as the defendants were set ex parte.
The evidence from the plaintiff was unchallenged as the defendants were set ex parte.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged as the defendants were set ex parte.
The evidence from the plaintiff was unchallenged as the defendants were set ex parte.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹3,82,667/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- India Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kiran Ajith.A.J
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajith Kumar.G
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayachithra.A
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Loan application dated 05/11/2012, Joint and several demand promissory note dated 14/12/2012, Agreement for educational loan dated 14/12/2012, Agreement of guarantee dated 14/12/2012, Acknowledgment of debt-cum-security dated 29/11/2019, Statement of account from 14/12/2012 to 16/08/2022, Legal notice dated 20/05/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajayakumar.K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover ₹3,82,667/- from the defendants.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹3,82,667/- from the defendants and their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is allowed to recover interest at the rate of 14.50% per annum.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 14.50% per annum with monthly rests from 16/08/2022 till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is allowed to recover future interest at the rate of 6% per annum.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is allowed to recover the costs of the suit from the defendants.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application dated 05/11/2012 was presented as evidence of the loan taken by the defendants.
Reference:
Ext.A1
Document Type:
Joint and several demand promissory note
Submitted By:
Plaintiff
Relevance:
The promissory note dated 14/12/2012 was used to establish the defendants' agreement to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement for educational loan
Submitted By:
Plaintiff
Relevance:
The agreement for the educational loan dated 14/12/2012 was provided as proof of the loan terms and conditions.
Reference:
Ext.A3
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
The agreement of guarantee dated 14/12/2012 confirmed the third defendant's guarantee for the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt-Cum-Security
Submitted By:
Plaintiff
Relevance:
The acknowledgment dated 29/11/2019 serves as evidence of the debt recognized by the defendants.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account from 14/12/2012 to 16/08/2022 was used to show the total amount due.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice dated 20/05/2022 and acknowledgment cards were presented to show attempts to inform the defendants.
Reference:
Ext.A7
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
Case between India Bank vs Kiran Ajith.A.J et al regarding recovery of money.
Case Code Year
Case between India Bank vs Kiran Ajith.A.J et al regarding recovery of money.