Case Summary
The plaintiff, Kerala Gramin Bank, sued for recovery of money after the defendants failed to repay a sanctioned loan. The defendants, a Joint Liability Group, executed several agreements but did not discharge their outstanding liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,13,617/- with 6% interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff provided evidence of the loan agreement and the defendants' failure to repay.
The plaintiff provided evidence of the loan agreement and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff provided evidence of the loan agreement and the defendants' failure to repay.
The plaintiff provided evidence of the loan agreement and the defendants' failure to repay.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,13,617/- (Rupees One Lakh Thirteen Thousand Six Hundred and Seventeen Only) is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,13,617/- (Rupees One Lakh Thirteen Thousand Six Hundred and Seventeen 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
- Party Role
- Defendant
- Party Name
- M/s Pooja Vanitha Swayam Sahaya Sangam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rakhi G.A
- Party Age
- 33
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Biji. A
- Party Age
- 42
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Geetha A.G
- Party Age
- 38
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Divya G
- Party Age
- 34
- Relation
- W/o.
Plaintiffs Documents
Original loan application dated 05/10/2015, Original loan sanction communication, Promissory note dated 05/10/2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Anithas Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sailaja Kumari. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arun Chandran A.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vijeesh Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹1,13,617/- with interest and costs from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹1,13,617/- (Rupees One Lakh Thirteen Thousand Six Hundred and Seventeen Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is 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 loan application
Submitted By:
Plaintiff
Relevance:
This document was submitted as the loan application and forms the basis of the loan agreement.
Reference:
Ext.A1
Document Type:
Original Loan Sanction Communication
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan that were accepted by the defendants.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document acts as a promise by the defendants to repay the loan amount.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is evidence that the defendants accepted the delivery of loan funds.
Reference:
Ext.A4
Document Type:
Original Inter Se Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement among the defendants regarding the joint loan.
Reference:
Ext.A5
Document Type:
Letter of consent cum guarantee cum hypothecation agreement for JLG loans
Submitted By:
Plaintiff
Relevance:
This document establishes the security for the loans provided to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendants' debt to the plaintiff bank as of 05/06/2018.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendants' debt to the plaintiff bank as of 28/05/2021.
Reference:
Ext.A8
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
This document shows the details of the account and outstanding balance due from 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