Case Summary
Kerala Gramin Bank has filed a suit against Evershine First Unit and its members for non-repayment of a loan. The bank claims that the defendants defaulted on the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,89,511 from the defendants and their assets with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
Plaintiff is entitled for a decree for realization of the plaint amount with interest as per the established terms of the loan agreement.
Plaintiff is entitled for a decree for realization of the plaint amount with interest as per the established terms of the loan agreement.
Losing Side's Weaknesses:
Plaintiff is entitled for a decree for realization of the plaint amount with interest as per the established terms of the loan agreement.
Plaintiff is entitled for a decree for realization of the plaint amount with interest as per the established terms of the loan agreement.
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: Plaintiff is allowed to realise ₹3,89,511 from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Leena.S
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Evershine First Unit
- Party Role
- Defendant
- Party Name
- Surabhi Prasad
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunitha Kumari
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prabhavathy.K
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Simi.U.S
- Party Age
- 33
- Relation
- W/o
Plaintiffs Documents
Loan Application, Pronote, Take Delivery Letter to DPN, Acknowledgment of Debt /Security of Borrower and Guarantor, True Extract of Bank Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.S.Vijaya Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.Reena
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹3,89,511 from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise 3,89,511 ₹3,89,511/- with interest at the rate of 15.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 15.5% per annum from 01/06/2015 till the date of decree.
Evidence:
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:
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:
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:
Loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Promissory note executed for the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document confirming the receipt of the loan amount.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt/Security of Borrower and Guarantor
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt and security provided.
Reference:
Ext.A4
Document Type:
True Extract of Bank Account
Submitted By:
Plaintiff
Relevance:
Extract showing the transaction history 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 rent
Case Code
Case between Kerala Gramin Bank vs Evershine First Unit et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Evershine First Unit et al regarding realisation of money.