Case Summary
The plaintiff, Kerala Gramin Bank, is seeking recovery of a loan amount from the defendants, comprising a self-employed Joint Liability Group named 'Aiswarya JLG'. The defendants have failed to repay the loan despite repeated reminders from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,15,259/- with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the recovery of the loan amount with interest from the defendants.
Why Plaintiff Won:
The plaintiff successfully proved that the amount was due from the defendants based on the documents and evidence presented.
The plaintiff successfully proved that the amount was due from the defendants based on the documents and evidence presented.
Losing Side's Weaknesses:
The plaintiff successfully proved that the amount was due from the defendants based on the documents and evidence presented.
The plaintiff successfully proved that the amount was due from the defendants based on the documents and evidence presented.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹1,15,259/- 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: 1) The plaintiff is entitled to realize an amount of ₹1,15,259/- (Rupees One Lakh Fifteen Thousand Two Hundred and Fifty-Nine Only) with 6% interest from the date of the suit until 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
- Aiswarya JLG
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Geetha. J
- Party Age
- 46
- Relation
- W/o. Janardhanan
- Party Role
- Defendant
- Party Name
- Bindhu.S
- Party Age
- 46
- Relation
- W/o. Radhakrishnan
- Party Role
- Defendant
- Party Name
- Meena. S
- Party Age
- 48
- Relation
- W/o.Santhoshkumar K.C
- Party Role
- Defendant
- Party Name
- Sugandhi. M
- Party Age
- 48
- Relation
- W/o. Raju
Plaintiffs Documents
A1 15.09.2017 Original loan application, A2 15.09.2017 Original Pronote, A3 15.09.2017 Original Take Delivery Letter to DPN, A4 15.09.2017 to 23.05.2023 True extract of the statement of account, A5 15.09.2017 Original Inter-se Agreement, A6 15.09.2017 Original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans, A7 08.06.2020 Original Acknowledgment of debt and security of Borrower/Co-obligant, A8 09.05.2023 Copy of the advocate’s notice
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
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ganesh Chandran .S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,15,259/- with interest and costs from the defendants.
Evidence:
1)The plaintiff is entitled to realize an amount of ₹1,15,259/- (Rupees One Lakh Fifteen Thousand Two Hundred and Fifty-Nine Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendants.
Evidence:
2)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 dated 15/09/2017 submitted by the defendants to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
This is the original pronote dated 15/09/2017 executed by defendants 2 and 3 for the loan.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is the original Take Delivery Letter to DPN dated 15/09/2017 signed by defendants 2 and 3.
Reference:
Ext.A3
Document Type:
True extract of the statement of account
Submitted By:
Plaintiff
Relevance:
This document provides the true extract of the statement of account maintained by the plaintiff bank.
Reference:
Ext.A4
Document Type:
Original Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
This document is the original Inter-se Agreement dated 15/09/2017 signed by defendants 2 to 6.
Reference:
Ext.A5
Document Type:
Original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans
Submitted By:
Plaintiff
Relevance:
This document is the original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans dated 15/09/2017 signed by defendants 2 and 3.
Reference:
Ext.A6
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document is the original Acknowledgment of Debt dated 08/06/2020 signed by defendants 2 and 3.
Reference:
Ext.A7
Document Type:
Copy of the advocate’s notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the advocate's notice dated 09/05/2023 sent to the defendants regarding the closure of the loan.
Reference:
Ext.A8
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
2023