Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for non-repayment of a loan. The defendants, Bindu.T.C and Vishnu.T, did not appear in court and were declared exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay Rs.1,83,475/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants should pay the plaintiff an amount of Rs.1,83,475/- along with interest and costs. The defendants were held jointly and severally liable for the amount.
Why Plaintiff Won:
The plaintiff proved the default in repayment of the loan through affidavits and supporting documents.
The plaintiff proved the default in repayment of the loan through affidavits and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved the default in repayment of the loan through affidavits and supporting documents.
The plaintiff proved the default in repayment of the loan through affidavits and supporting documents.
Supporting Evidence
The claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A9.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay Jointly and severally Rs.1,83,475/- (Rupees One Lakh Eighty Three Thousand Four Hundred And Seventy Five Only) to the plaintiff with interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bindu.T.C
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vishnu. T
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Pronote dated 10-05-2017, Take Delivery Letter to DPN, Agreement for MSME Working Capital Limits-CC&OD, Guarantee Agreement, Guarantee Covering Letter, Copy lawyer notice dated 25-01-2023, True copy of statement of account for the period from 10-05-2017 to 01-03-2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Balachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs.1,83,475/- to the plaintiff.
Evidence:
The defendants are directed to pay Jointly and severally Rs.1,83,475/- (Rupees One Lakh Eighty Three Thousand Four Hundred And Seventy Five Only) to the plaintiff with interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants are directed to pay the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
The document evidences the loan agreement initiated by the first defendant.
Reference:
Ext.A1
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document relates to the acceptance of the loan terms by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for MSME Working Capital Limits-CC&OD
Submitted By:
Plaintiff
Relevance:
Establishes the framework of the loan terms agreed upon.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Indicates the second defendant's guarantee for the loan.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Supports the guarantee provided by the second defendant.
Reference:
Ext.A5
Document Type:
Copy lawyer notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of communication regarding the default on loan repayment.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the lawyer's notice was sent.
Reference:
Ext.A6(a)
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Documents the failure of delivery of the lawyer's notice.
Reference:
Ext.A6(b)
Document Type:
True copy of statement of account for the period from 10-05-2017 to 01-03-2023
Submitted By:
Plaintiff
Relevance:
Details the financial transactions related to the loan.
Reference:
Ext.A7
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Provides certified confirmation of the statement of account.
Reference:
Ext.A7(a)
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
Validates the borrower's acknowledgment of debt.
Reference:
Ext.A8
Document Type:
Acknowledgment of liability from the Guarantor
Submitted By:
Plaintiff
Relevance:
Confirms the guarantor's acknowledgment of liability.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Bindu.T.C et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Bindu.T.C et al regarding realization of money