Case Summary
The plaintiff, Kerala Gramin Bank, sanctioned loans to the first defendant, Ajina.A.A, and the second defendant, Anirudhan K, who acted as a guarantor. The defendants defaulted on the repayment of the loans, prompting the bank to file this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,52,553/- with 6% interest and costs from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the outstanding loan amounts from the defendants. The plaintiff is entitled to the amounts stated along with interest and costs.
Why Plaintiff Won:
The defendants defaulted on the loans and did not appear to contest the claims.
The defendants defaulted on the loans and did not appear to contest the claims.
Losing Side's Weaknesses:
The defendants defaulted on the loans and did not appear to contest the claims.
The defendants defaulted on the loans and did not appear to contest the claims.
Supporting Evidence
The documents produced by the plaintiff show that the defendants are liable to pay this amount. There is no evidence on record indicating that the defendants have discharged their liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 1,52,553/- (Rupees One Lakh Fifty-Two Thousand Five Hundred and Fifty-Three Only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets. (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank, Pattom Branch
- Relation
- represented by Branch Manager, Reeba Susan Jacob
- Party Role
- Defendant
- Party Name
- Ajina.A.A
- Party Age
- 37
- Relation
- C/o Baijumon V.R
- Party Role
- Defendant
- Party Name
- Anirudhan K
- Party Age
- 72
- Relation
- C/o Ajina A.A.
Plaintiffs Documents
Original Loan Application dated 30.10.2019, Original Agreement for MSME working capital LIMITS-CC &OD, Statement of account for the period from 30/10/2019 to 24/09/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. 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:
Plaintiff is entitled to realize an amount of ₹1,52,553/- with interest from the defendants and their assets.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of 1,52,553/- (Rupees One Lakh Fifty-Two Thousand Five Hundred and Fifty-Three Only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
In the result; the suit is decreed as follows: (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 is the original loan application for the first loan dated 30/10/2019.
Reference:
Ext.A1
Document Type:
Original Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document is the original request for overdraft facilities signed by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for MSME Working Capital Limits-CC & OD
Submitted By:
Plaintiff
Relevance:
This document is the agreement relating to the first loan dated 30/10/2019.
Reference:
Ext.A3
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
This document is the original pronote signed by the first defendant.
Reference:
Ext.A4
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is related to the delivery of the DPN for the first loan.
Reference:
Ext.A5
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
This document reflects the guarantee agreement for the loan dated 30/10/2019.
Reference:
Ext.A6
Document Type:
Original Guarantee Covering Letter
Submitted By:
Plaintiff
Relevance:
This document is the covering letter for the guarantee issued on the same date.
Reference:
Ext.A7
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment of debt signed by the first defendant.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a statement of account for the first loan.
Reference:
Ext.A9
Document Type:
Original Loan Sanction Communication
Submitted By:
Plaintiff
Relevance:
This document communicates the loan sanction to the borrowers and guarantors for the first loan.
Reference:
Ext.A10
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document is the original loan application for the second loan dated 04/08/2020.
Reference:
Ext.A11
Document Type:
Original Agreement for Non Farm Sector Term Loans
Submitted By:
Plaintiff
Relevance:
This document is the agreement for the second loan dated 04/08/2020.
Reference:
Ext.A12
Document Type:
Original Loan Sanction Communication
Submitted By:
Plaintiff
Relevance:
This document communicates the loan sanction to the borrowers and guarantors for the second loan.
Reference:
Ext.A13
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment of debt for the second loan signed by the first defendant.
Reference:
Ext.A14
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a statement of account relating to the second loan.
Reference:
Ext.A15
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document is the possession certificate issued from the Village office for the first defendant.
Reference:
Ext.A16
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
This includes the oral evidence provided by the Branch Manager of the plaintiff bank.
Reference:
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
2024