Case Summary
Kerala Gramin Bank filed a suit against Babu.B and Leela for recovery of a loan amounting to ₹1,24,608/- that they failed to repay. The defendants did not provide a timely written statement, leading the court to proceed ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,24,608/- with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of ₹1,24,608/- from the defendants with interest. The defendants did not contest the suit effectively, leading to a favorable judgment for the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved the outstanding loan amount and the defendants' failure to repay.
The plaintiff successfully proved the outstanding loan amount and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff successfully proved the outstanding loan amount and the defendants' failure to repay.
The plaintiff successfully proved the outstanding loan amount and the defendants' failure to repay.
Supporting Evidence
The documents produced by the plaintiff show that the defendants are liable to pay this amount and the evidence remains unchallenged.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,24,608/- (Rupees One Lakhs Twenty-Four Thousand Six Hundred and Eight 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
- Relation
- represented by its Manager Ramkumar.V.N
- Party Role
- Defendant
- Party Name
- Babu.B
- Party Age
- 64
- Relation
- S/o Bhanu
- Party Role
- Defendant
- Party Name
- Leela
- Party Age
- 58
- Relation
- W/o Babu
Plaintiffs Documents
Original Loan Application, Original Memorandum of Agreement for Agricultural Loans, Original Loan Sanction Communication, Statement of Account, Legal Notice, Postal receipt, Returned Notice, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Reena.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri.V.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of ₹1,24,608/- along with interest.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,24,608/- (Rupees One Lakhs Twenty-Four Thousand Six Hundred and Eight 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 entitled to the costs of the suit.
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:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document establishes the initial loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Original Memorandum of Agreement for Agricultural Loans
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement, including repayment details.
Reference:
Ext.A2
Document Type:
Original Loan Sanction Communication to Borrowers/Co-obligants/Guarantors
Submitted By:
Plaintiff
Relevance:
This document confirms the loan sanction granted to the defendants.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the outstanding balance owed by the defendants.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the notice issued to the defendants regarding their default.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice to the defendants.
Reference:
Ext.A6
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document shows that the legal notice was not delivered to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document indicates that the second defendant acknowledged the receipt of the legal notice.
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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2023