Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from Joseph. J, who borrowed money for a hotel business but failed to repay it. The bank is claiming a total of ₹3,06,284 with interest due to default in repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹3,06,284 with 12% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization.
Case Type
Original Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹3,06,284 with interest and costs from the defendant due to the latter's failure to repay the loan as agreed.
Why Plaintiff Won:
The plaintiff bank established that the defendant committed default in repaying the loan.
The plaintiff bank established that the defendant committed default in repaying the loan.
Losing Side's Weaknesses:
The plaintiff bank established that the defendant committed default in repaying the loan.
The plaintiff bank established that the defendant committed default in repaying the loan.
Supporting Evidence
The court is of the view that the plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize ₹3,06,284 with 12% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Joseph. J
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Loan application dated 26-09-2012, Hypothecation deed dated 26-09-2012, Acknowledgment of debt dated 23-06-2015, Acknowledgment of debt dated 04-05-2018, Acknowledgment of debt dated 16-01-2021, Statement of account.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Ajayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount of `3,06,284/- with interest.
Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize `3,06,284/- with 12% interest from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to costs of the suit.
Evidence:
The plaintiff bank can be permitted to realize costs of the proceeding from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document establishing the loan request made by the defendant.
Reference:
Ext.A1
Document Type:
Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Security document executed by the defendant in favor of the plaintiff bank for the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial transaction between the plaintiff and defendant.
Reference:
Ext.A6
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Document indicating the notice sent to the defendant regarding the dues.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the advocate notice to the defendant.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment by the defendant of the advocate notice.
Reference:
Ext.A9
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of Loan
Case Code
Case between Kerala gramin Bank vs Joseph. J regarding realization of money
Case Code Year
Case between Kerala gramin Bank vs Joseph. J regarding realization of money