Case Summary
The case involves Kerala Gramin Bank seeking recovery of a loan from the defendants, Biji. M and Anandkumar. The defendants have defaulted on repayment despite having taken a loan sanctioned under the Mudra Loan scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,30,969 with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay ₹2,30,969 with interest. The plaintiff proved their case through documents and testimony despite the defendants not submitting a written statement.
Why Plaintiff Won:
The plaintiff proved the outstanding loan amount with documentary evidence.
The plaintiff proved the outstanding loan amount with documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved the outstanding loan amount with documentary evidence.
The plaintiff proved the outstanding loan amount with documentary evidence.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹2,30,969 is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹2,30,969 with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Biji. M
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anandkumar
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 10/12/2015, Original agreement for MSME Working Capital Limits- CC & OD dated 10/12/2015, Acknowledgment of Debt dated 07/11/2018, Acknowledgment of Debt dated 01/11/2021, Copy of the account statement, Request for overdraft facilities dated 10/12/2015, Guarantee agreement dated 10/12/2015, Original promissory note dated 10/12/2015, True copy of the advocate notice dated 08/04/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kanjiramattom T.K. Siraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court granted recovery of the outstanding loan amount from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,30,969/- (Rupees Two Lakhs Thirty Thousand Nine Hundred and Sixty-Nine Only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The court granted recovery of the costs of the suit from the defendants.
Evidence:
(b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document outlines the initial loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Original agreement for MSME Working Capital Limits – CC & OD
Submitted By:
Plaintiff
Relevance:
This document is the agreement signed for the working capital loan.
Reference:
Ext.A2
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt and the security agreement.
Reference:
Ext.A3
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This is a subsequent acknowledgment of debt executed by the first defendant.
Reference:
Ext.A4
Document Type:
Copy of the account statement
Submitted By:
Plaintiff
Relevance:
This document details the financial standing and outstanding balance of the loan.
Reference:
Ext.A5
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document reflects the request made for overdraft facilities under the loan.
Reference:
Ext.A6
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement executed by the defendants.
Reference:
Ext.A7
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
This is the promissory note signed by the first defendant indicating the loan amount.
Reference:
Ext.A8
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is the acceptance of delivery of the loan according to the terms.
Reference:
Ext.A9
Document Type:
True copy of the advocate notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to defendants regarding their loan default.
Reference:
Ext.A10
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards were signed by the defendants acknowledging receipt of communications.
Reference:
Ext.A11 series
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
OS.NO.
Case Code Year
2022