Case Summary
The plaintiff, Kerala Gramin Bank, is seeking recovery of money from the defendants, who took a loan and defaulted on repayments. The court has examined the evidence and decided on the amount due from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The 2nd defendant is directed to pay Rs.5,73,431/- to the plaintiff with interest at the rate of 6% till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the 2nd defendant must pay the plaintiff a total amount due, along with interest.
Why Plaintiff Won:
The plaintiff proved the claim of borrowal of the amount and the default of payments.
The plaintiff proved the claim of borrowal of the amount and the default of payments.
Losing Side's Weaknesses:
The plaintiff proved the claim of borrowal of the amount and the default of payments.
The plaintiff proved the claim of borrowal of the amount and the default of payments.
Supporting Evidence
Issue No.1:- Plaint claim of borrowal of the amount and the default of the payments is also proved by the affidavit of PW1 and documents No.A1 to A9.
Judgment Evidence:
In the result, the suit is decreed as follows: The 2nd defendant is directed to pay Rs.5,73,431/- (Rupees Five Lakhs Seventy Three Thousand Four Hundred and Thirty One Only) to the plaintiff with interest at the rate of 6% till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Rajesh. N
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan. P
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Exts.A1 to A9 are marked from the side of plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joseph. E.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.K. Vasan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The 2nd defendant is directed to pay Rs.5,73,431/- to the plaintiff with interest.
Evidence:
The 2nd defendant is directed to pay Rs.5,73,431/- (Rupees Five Lakhs Seventy Three Thousand Four Hundred and Thirty One Only) to the plaintiff with interest at the rate of 6% till the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The 2nd defendant is also directed to pay costs of the suit to the plaintiff.
Evidence:
The 2nd defendant is also directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Application for SRWTO Loans
Submitted By:
Plaintiff
Relevance:
Signed and submitted to the plaintiff bank by defendant.
Reference:
Ext.A1
Document Type:
Details of Co- Obligant/ Guarantor
Submitted By:
Plaintiff
Relevance:
Signed and submitted to the plaintiff bank by the second defendant.
Reference:
Ext.A2
Document Type:
Agreement for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
Executed and signed by the first defendant in favour of the plaintiff.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and defendant.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and second defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and first defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and first defendant.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of statement for the period from 23.11.2015 to 15.06.2023.
Reference:
Ext.A8
Document Type:
Certificate to the statement of accounts
Submitted By:
Plaintiff
Relevance:
Related to statement of accounts.
Reference:
Ext.A8(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to lawyer's notice.
Reference:
Ext.A9(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to lawyer's notice.
Reference:
Ext.A9(b)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank et al vs Rajesh. N et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank et al vs Rajesh. N et al regarding realization of money.