Case Summary
This case involves Kerala Gramin Bank seeking to recover an outstanding loan amount from a joint liability group, St. Xavier JLG Vizhinjam Unit, and its members. The defendants failed to adhere to the loan agreement, prompting the plaintiff to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,28,447/- with interest at the rate of 14.5% per annum from the date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants were found liable due to their failure to repay the loan.
Why Plaintiff Won:
The defendants were set ex parte and evidence from the plaintiff was unchallenged.
The defendants were set ex parte and evidence from the plaintiff was unchallenged.
Losing Side's Weaknesses:
The defendants were set ex parte and evidence from the plaintiff was unchallenged.
The defendants were set ex parte and evidence from the plaintiff was unchallenged.
Supporting Evidence
According to PW1, despite the undertaking to repay the loan amount together with interest thereon, the defendants failed to turn up and defaulted in paying the said sum.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹2,28,447/- from the defendants and their assets.
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
- M/s St.Xavier;s JLG Vizhinjam unit
- Relation
- represented by its President Smt. Brijit.L
- Party Role
- Defendant
- Party Name
- Smt. Brijit.L
- Party Age
- 48
- Relation
- W/o Selvarajan
- Party Role
- Defendant
- Party Name
- Smt. Prameela
- Party Age
- 44
- Relation
- W/o Sabariyar
- Party Role
- Defendant
- Party Name
- Smt. Prema.P
- Party Age
- 40
- Relation
- W/o Alexander
- Party Role
- Defendant
- Party Name
- Smt. Sibil.S
- Party Age
- 55
- Relation
- W/o Xavier
Plaintiffs Documents
Loan application dated 09/08/2017, Original Pronote dated 09/08/2017, Original take delivery letter dated 09/08/2017, Original letter of hypothecation dated 09/08/2017, Original interse agreement dated 09/08/2017, Loan sanction communication to borrowers dated 09/08/2017, Acknowledgment of debt and security of borrower dated 23/06/2020, Copy of legal notice dated 31/03/2023, 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 realize ₹2,28,447/- from the defendants.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹2,28,447/- from the defendants and their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 14.5% per annum.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 14.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realize future interest at the rate of 6% per annum.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit.
Evidence:
4.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:
Submitted by the defendants to apply for a loan.
Reference:
Ext.A1
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement.
Reference:
Ext.A2
Document Type:
Original take delivery letter
Submitted By:
Plaintiff
Relevance:
Acknowledged the receipt of loan amount.
Reference:
Ext.A3
Document Type:
Original letter of hypothecation
Submitted By:
Plaintiff
Relevance:
Secured the loan against specified assets.
Reference:
Ext.A4
Document Type:
Original interse agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the agreement among the joint liability group members.
Reference:
Ext.A5
Document Type:
Loan sanction communication to borrowers
Submitted By:
Plaintiff
Relevance:
Formal communication of the loan sanction to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Acknowledged the debts owed by the defendants.
Reference:
Ext.A7
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the default of loan repayment.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed account statement showing the outstanding amount due.
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
Loan default
Case Code
Case between Kerala Gramin Bank vs M/s St.Xavier;s JLG Vizhinjam unit et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs M/s St.Xavier;s JLG Vizhinjam unit et al regarding realisation of money