Case Summary
The plaintiff, Kerala Gramin Bank, represented by its Manager, is seeking to recover a loan amount from the defendants, who are members of a Joint Liability Group. The defendants defaulted on their loan repayment, prompting the bank to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise 60,435/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
Evidence of the plaintiff was unchallenged as the defendants were set ex parte.
Evidence of the plaintiff was unchallenged as the defendants were set ex parte.
Losing Side's Weaknesses:
Evidence of the plaintiff was unchallenged as the defendants were set ex parte.
Evidence of the plaintiff was unchallenged as the defendants were set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1) Plaintiff is allowed to realise 60,435/- from the defendants and their assets. 2) Plaintiff is allowed to realise interest at the rate of 14.5% per annum with monthly rests from 10/11/2024 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt.Dhanya Arunagireswara Iyer
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijaya.J
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Cladis.C
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Neethu.E.S
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binushma.C
- Party Age
- 28
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Leenamol.B.Y
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Loan application dated 10/02/2017, Letter of consent cum guarantee cum hypothecation agreement for JLG loans dated 10/02/2017, Pronote dated 10/02/2017, Acknowledgment of debt and security dated 27/01/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Smt. Reena.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri.V.V.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize Rs. 60,435 from the defendants.
Evidence:
Therefore, plaintiff is entitled to realize 60,435/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at the rate of 14.5% per annum with monthly rests allowed from a specific past date.
Evidence:
Plaintiff is allowed to realize interest at the rate of 14.5% per annum with monthly rests from 10/11/2024 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Future interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is allowed to realize future interest at the rate of 6% per annum from the date of decree till realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit allowed to be realized from the defendants.
Evidence:
Plaintiff is allowed to realize the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to avail the loan.
Reference:
Ext.A1
Document Type:
Letter of consent cum guarantee cum hypothecation agreement for JLG loans
Submitted By:
Plaintiff
Relevance:
Agreement related to the loan availed by the defendants.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan commitment.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Acknowledged the loan amount.
Reference:
Ext.A4
Document Type:
Loan sanction communication to borrowers
Submitted By:
Plaintiff
Relevance:
Communication regarding the loan sanction.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt.
Reference:
Ext.A6
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Verified the amount outstanding as per accounts.
Reference:
Ext.A7
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Sent to notify the defendants about the loan default.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of mailing documents.
Reference:
Ext.A9
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Received confirmation of the delivered documents.
Reference:
Ext.A10
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Received confirmation of the delivered documents.
Reference:
Ext.A11
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
Case between Kerala Gramin Bank vs Amalarani JLG et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Amalarani JLG et al regarding realisation of money.