Case Summary
Kerala Gramin Bank filed a suit against Arathi N H G and its members for the recovery of a loan amount due to default of repayment. The court heard the case in the absence of defendants, who did not appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realise ₹1,33,850/- with interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of ₹1,33,850/- from the defendants along with interest. The defendants failed to repay the loan despite repeated requests.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged due to defendants being set ex parte.
The evidence of the plaintiff was unchallenged due to defendants being set ex parte.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged due to defendants being set ex parte.
The evidence of the plaintiff was unchallenged due to defendants being 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 ₹1,33,850/- from the defendants and their assets. 2.Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 01/06/2015 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Arathi N H G
- Relation
- represented by its President/Secretary
- Party Role
- Defendant
- Party Name
- Girija.R
- Party Age
- 43
- Relation
- W/o Raju
- Party Role
- Defendant
- Party Name
- Manjusha
- Party Age
- 32
- Relation
- W/o Anil
- Party Role
- Defendant
- Party Name
- Jagadamma
- Party Age
- 64
- Relation
- W/o Saratchandra Bose
- Party Role
- Defendant
- Party Name
- Beena.S
- Party Age
- 39
- Relation
- W/o Shaji
Plaintiffs Documents
Loan Application dated 05.07.2011, Pronote dated 05.07.2011, Acknowledgment of Debt and Security dated 08.11.2013, statement of accounts from 04.07.2011 to 26.05.2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.Reena
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Vijayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,33,850/- from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,33,850/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 01/06/2015 till the date of decree.
Evidence:
2. Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 01/06/2015 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
4. Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application submitted by the defendants to avail the loan.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document contains the undertaking by the defendants for the loan amount.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document serves as confirmation that the defendants took delivery of the loan amount.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security of Borrower and Guarantor
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt and security details of the borrower and guarantor.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the transactions related to the loan.
Reference:
Ext.A5
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 Loan
Case Code
Case between Kerala Gramin Bank vs Arathi N H G et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Arathi N H G et al regarding realisation of money.