Case Summary
The plaintiff, Kerala Gramin Bank, lent money to a Joint Liability Group (JLG) represented by the defendants. The defendants defaulted on repayment despite the loan agreements and subsequent notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise an amount Rs.2,84,671/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and ordered the defendants to repay the loan amount along with interest.
Why Plaintiff Won:
The plaintiff's evidence remained unchallenged and proved their entitlement to the amount due.
The plaintiff's evidence remained unchallenged and proved their entitlement to the amount due.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and plaintiff is allowed to realise an amount Rs.2,84,671/- (Rupees Two lakhs Eighty Four thousand Six hundred and Seventy One only) from the defendants jointly and severally with interest at the rate of 14.50% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- M/s. St. Stebastian JLG Vizhinjam unit
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- Selvi Stellar
- Party Age
- 26
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Elisa J.P
- Party Age
- 31
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Mebil
- Party Age
- 49
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Sujitha Mol.S
- Party Age
- 33
- Relation
- W/o.
Plaintiffs Documents
Original loan application, Original pronote, Original of take delivery letter to DPN, Original Inter-se agreement, Original letter of consent cum guarantee cum hypothecation agreement for JLG loans, Original loan sanction communication to Borrowers/co-obligants, Original Acknowledgment of debt, Photo copy of legal notice, True extract of the statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise an amount Rs.2,84,671/- from the defendants jointly and severally with interest at the rate of 14.50% per annum from the date of suit till date of realisation.
Evidence:
Thus, the suit is liable to decreed with costs.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 03.08.2017.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote dated 03.08.2017.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Original of take delivery letter to DPN dated 03.08.2017.
Reference:
Ext.A3
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original Inter-se agreement dated 03.08.2017.
Reference:
Ext.A4
Document Type:
Letter of consent cum guarantee cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Original letter of consent cum guarantee cum hypothecation agreement for JLG loans dated 03.08.2017.
Reference:
Ext.A5
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Original loan sanction communication to Borrowers/co-obligants dated 03.08.2017.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of debt dated 12.06.2020.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Photo copy of legal notice dated 31.03.2023.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account.
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