Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against Israel JLG Vizhinjam Unit and its members for the recovery of a loan amounting to ₹2,50,000. The defendants defaulted on the loan repayment despite multiple demands from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹2,34,121 with interest at the rate of 14.5% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the recovery of ₹2,34,121 with interest and costs. The defendants were set ex parte and did not contest the claims made by the plaintiff.
Why Plaintiff Won:
The plaintiff proved the defendants' liability through unchallenged evidence, as the defendants failed to appear in court.
The plaintiff proved the defendants' liability through unchallenged evidence, as the defendants failed to appear in court.
Losing Side's Weaknesses:
The plaintiff proved the defendants' liability through unchallenged evidence, as the defendants failed to appear in court.
The plaintiff proved the defendants' liability through unchallenged evidence, as the defendants failed to appear in court.
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 ₹2,34,121/- from the defendants and their assets. 2. Plaintiff is allowed to realise interest at the rate of 14.5% per annum with monthly rests from 12/04/2023 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Branch Manager, Sri. Nijin.S.R
- Party Role
- Defendant
- Party Name
- Israel JLG Vizhinjam Unit
- Relation
- represented by its President Reji Robin
- Party Role
- Defendant
- Party Name
- Reji Robin
- Party Age
- 45
- Relation
- W/o Robin
- Party Role
- Defendant
- Party Name
- Sunitha.C
- Party Age
- 41
- Relation
- W/o Vijayan
- Party Role
- Defendant
- Party Name
- Reena
- Party Age
- 41
- Relation
- W/o Sebastian
- Party Role
- Defendant
- Party Name
- Suja Rafi
- Party Age
- 42
- Relation
- W/o Rafi
Plaintiffs Documents
Loan Application, Pronote, Take Delivery Letter To DPN, Interse agreement to be executed by the members, Letter of Consent Cum Guarantee Cum Hypothecation Agreement for JLG Loans, Loan Sanction Communication to Borrowers, Acknowledgment of Debt and Security of Borrower, Copy of Advocate Notice, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Anil kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,34,121/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹2,34,121/- with interest at the rate of 14.5% 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 14.5% per annum with monthly rests from 12/04/2023 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 14.5% per annum with monthly rests from 12/04/2023 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:
This document is the loan application submitted by the defendants, which initiated the loan agreement.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document serves as a promissory note affirming the defendants' obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document indicates the acknowledgment of receipt related to the loan disbursement.
Reference:
Ext.A3
Document Type:
Interse agreement
Submitted By:
Plaintiff
Relevance:
This document is an agreement among the members of the Joint Liability Group regarding the loans.
Reference:
Ext.A4
Document Type:
Consent Cum Guarantee Cum Hypothecation Agreement for JLG Loans
Submitted By:
Plaintiff
Relevance:
This document outlines the guarantees and agreements tied to the Joint Liability Group loans.
Reference:
Ext.A5
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document communicates the approval of the loan to the borrowers.
Reference:
Ext.A6
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
This document evidences the borrower's acknowledgment of their debt.
Reference:
Ext.A7
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice from the advocate regarding the loan default.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a detailed statement of the loan account from the start to the date of judgment.
Reference:
Ext.A9
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