Case Summary
The plaintiff, Kerala Gramin Bank, seeks to recover money from the defendants, Manju.S and Vikas.T, who defaulted on a loan for purchasing an autorickshaw. The defendants failed to repay the loan despite multiple notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹1,15,753 with 6% interest from the date of the suit until realization, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a decree for the recovery of ₹1,15,753 from the defendants with interest. The defendants did not appear in court and were held liable for the outstanding loan.
Why Plaintiff Won:
The evidence presented by the plaintiff demonstrated the defendants' liability for the unpaid loan.
The evidence presented by the plaintiff demonstrated the defendants' liability for the unpaid loan.
Losing Side's Weaknesses:
The evidence presented by the plaintiff demonstrated the defendants' liability for the unpaid loan.
The evidence presented by the plaintiff demonstrated the defendants' liability for the unpaid loan.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,15,753/- (Rupees One Lakh Fifteen Thousand Seven Hundred and Fifty-Three only) is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 1,15,753 ₹ /- (Rupees One Lakh Fifteen Thousand Seven Hundred and Fifty-Three Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager, Ramkumar.V.N
- Party Role
- Defendant
- Party Name
- Manju.S
- Party Age
- 37
- Relation
- W/o Vikas.T
- Party Role
- Defendant
- Party Name
- Vikas.T
- Party Age
- 38
- Relation
- S/o Thankappan
Plaintiffs Documents
Original Application for SRWTO loans dated 24.02.2016, Original Agreement for Vehicle Loans, Original Guarantee Agreement, Bank statement certified for 24.02.2016 to 15.03.2024, Legal Notice dated 19.02.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Reena. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri.V.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of ₹1,15,753/- with interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 1,15,753 ₹/- (Rupees One Lakh Fifteen Thousand Seven Hundred and Fifty-Three Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of this suit from the defendants.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original Application for SRWTO loans
Submitted By:
Plaintiff
Relevance:
Establishes the loan taken by the 1st defendant from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Original Agreement for Vehicle Loans (All Category)
Submitted By:
Plaintiff
Relevance:
Details the agreement under which the 1st defendant borrowed money for the purchase of an autorickshaw.
Reference:
Ext.A2
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
Shows the 2nd defendant's guarantee for the repayment of the loan.
Reference:
Ext.A3
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Informs the borrower and guarantors about the loan sanction.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Contains acknowledgments from the borrower and guarantor regarding the loan and their obligations.
Reference:
Ext.A5, Ext.A5(a), Ext.A5(b), Ext.A5(c)
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions and outstanding balance due from the defendants.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Served to the defendants, demanding repayment of the loan.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of dispatch for the legal notice sent to the defendants.
Reference:
Ext.A8
Document Type:
Returned unserved postal article
Submitted By:
Plaintiff
Relevance:
Indicates that the legal notice was not successfully delivered to the defendants.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2024