Case Summary
Kerala Gramin Bank is suing Geethakumari and others for recovery of an outstanding loan amount of Rs.70,628. The defendants failed to repay the loan despite being aware of the legal notice issued to them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.70,628 with 6% interest from the date of suit till the date of realization and cost of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A7 and A8 series documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.70,628 with 6% interest from the date of suit till the date of realization and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager Sureshkumar.S
- Party Role
- Defendant
- Party Name
- Geethakumari
- Party Age
- 55
- Relation
- W/o.Sajeevan.K
- Party Role
- Defendant
- Party Name
- Shinu Sajeevan
- Party Age
- 33
- Relation
- S/o.Sajeevan K
- Party Role
- Defendant
- Party Name
- Akshima Sajeevan
- Party Age
- 28
- Relation
- D/o.Sajeevan K
Plaintiffs Documents
Original Loan application, Original Deed of hypothecation regarding vehicles, Original Guarantee Agreement, Original Guarantee Covering letter, Acknowledgment of Debt and Security documents, True extract of the statement of account, Copy of Advocate notice, Returned registered notice.
Defendants Documents
Nil
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jijith Raj.J.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested to recover the outstanding loan amount from the defendants.
Evidence:
Thus, the suit is liable to decreed with costs Plaintiff is entitled to realise an amount of Rs.70,628/- (Rupees Seventy thousand six hundred and twenty eight only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan agreement.
Reference:
Ext.A1
Document Type:
Original Deed of hypothecation regarding vehicles
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan agreement.
Reference:
Ext.A2
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan agreement.
Reference:
Ext.A3
Document Type:
Original Guarantee Covering Letter
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan agreement.
Reference:
Ext.A4
Document Type:
Originals of Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
These documents were part of the evidence demonstrating acknowledgment of the debt.
Reference:
Ext.A5(series)
Document Type:
True extract of the statement of account
Submitted By:
Plaintiff
Relevance:
This document provided proof of the outstanding dues as per the bank's records.
Reference:
Ext.A6
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document was the legal notice issued to the defendants, requesting repayment.
Reference:
Ext.A7
Document Type:
Returned Registered Notice
Submitted By:
Plaintiff
Relevance:
This document showed attempts to notify the defendants about the outstanding dues.
Reference:
Ext.A8(series)
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
Case between Kerala Gramin Bank vs Geethakumari et al regarding recovery of money
Case Code Year
Case between Kerala Gramin Bank vs Geethakumari et al regarding recovery of money