Case Summary
Kerala Gramin Bank is seeking recovery of a loan amount from Anupama JLG and its members, who have failed to repay. The court will decide on the bank's entitlement to the decreed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹2,46,495 with 6% interest from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting them the recovery of dues from the defendants. The total amount due is ₹2,46,495 along with interest.
Why Plaintiff Won:
The court found sufficient evidence of default by the defendants in repaying the loan.
The court found sufficient evidence of default by the defendants in repaying the loan.
Losing Side's Weaknesses:
The court found sufficient evidence of default by the defendants in repaying the loan.
The court found sufficient evidence of default by the defendants in repaying the loan.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 2,46,495/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of 2,46,495/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Anupama JLG
- Party Role
- Defendant
- Party Name
- Vimala. D
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bensi T
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary Sudha. A
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ijin. V
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Original loan application dated 27/10/2017, original pronote dated 27/10/2017, original Take Delivery Letter to DPN dated 27/10/2017, true extract of statement of account, original Inter-se Agreement dated 27/10/2017, original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans, original Acknowledgment of Debt dated 15/10/2020, copy of advocate's notice dated 05/06/2023.
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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ganesh Chandran.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of 2,46,495/- with interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of 2,46,495/- (Rupees Two Lakh Forty-Six Thousand Four Hundred and Ninety-Five Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants.
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:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 27/10/2017.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote dated 27/10/2017 executed by defendants 2 and 3.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original Take Delivery Letter to DPN dated 27/10/2017.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account maintained by the plaintiff bank.
Reference:
Ext.A4
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original Inter-se Agreement dated 27/10/2017 signed by defendants 2 to 6.
Reference:
Ext.A5
Document Type:
Consent cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original Letter of Consent cum Guarantee cum Hypothecation Agreement for JLG loans dated 27/10/2017 executed by defendants 2 and 3.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of Debt and Security of Borrower/Co-obligant dated 15/10/2020 executed by defendants 2 and 3.
Reference:
Ext.A7
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate's notice dated 05/06/2023.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Original postal acknowledgment cards signed by defendants 1 to 3 and 6.
Reference:
Ext.A9 series
Document Type:
Registered Notices
Submitted By:
Plaintiff
Relevance:
Original returned registered notices sent to defendants 4 and 5.
Reference:
Ext.A10 series
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
The court considered oral evidence presented by the plaintiff.
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
2023