Case Summary
This case involves Kerala Gramin Bank seeking to recover a loan amount from the defendant, Sadasivan P., who defaulted on his repayments. The bank claims a total outstanding amount of ₹3,71,514, which Sadasivan disputes, citing reasons related to insurance and a moratorium on agricultural loans.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹3,63,666 with 6% interest from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover ₹3,63,666 with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff successfully proved that the defendant defaulted on the loan agreement.
The plaintiff successfully proved that the defendant defaulted on the loan agreement.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendant defaulted on the loan agreement.
The plaintiff successfully proved that the defendant defaulted on the loan agreement.
Supporting Evidence
The evidence on record substantiates the plaintiff's case and shows the defendant's failure to adhere to the loan terms.
Judgment Evidence:
In the result; the suit is decreed as follows: - (a) The plaintiff is entitled to realize an amount of an amount of ₹3,63,666/- (Rupees Three Lakhs Sixty-Three Thousand Six Hundred and Sixty-Six only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank (South Malabar Gramin Bank)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sadasivan P.
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Original Loan Application dated 21.03.2018, Memorandum of Agricultural Loan dated 21.03.2018, Loan sanction communication dated 21.03.2018, True extract of the statement of Account, Copy of the advocate’s notice dated 06/01/2021, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S. Reena
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Chithra Prabha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. U.S. Ganesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹3,63,666/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of ₹3,63,666/- with 6% interest from the date of the suit until the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Signed by the defendant, marking the availed loan.
Reference:
Ext.A1
Document Type:
Memorandum of Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the agricultural loan.
Reference:
Ext.A2
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Communication issued to the defendant regarding the loan sanction.
Reference:
Ext.A3
Document Type:
True extract of the statement of account
Submitted By:
Plaintiff
Relevance:
Certified statement showing the outstanding balance due.
Reference:
Ext.A4
Document Type:
Copy of the advocate’s notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of dispatch of the advocate's notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the advocate's notice by the defendant.
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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2021