Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against M/S VYAPARA SREE VANITHA SWAYAM SAHAYA SANGHAM L-1 and its members for the recovery of a loan amount. The defendants defaulted on their payment obligations despite receiving the loan sanctioned for their business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of 2,95,830/- (Rupees Two Lakh Ninety-Five Thousand Eight Hundred and Thirty Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the loan amount due from the defendants. The defendants failed to appear in court, leading to a decision in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 2,95,830/- (Rupees Two Lakh Ninety-Five Thousand Eight Hundred and Thirty 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 2,95,830/- (Rupees Two Lakh Ninety-Five Thousand Eight Hundred and Thirty 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 VYAPARA SREE VANITHA SWAYAM SAHAYA SANGHAM L-1
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Arogyamma. P
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Valsala. Y
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rosamistica
- Party Age
- 25
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ansalamma. A
- Party Age
- 61
- Relation
- W/o
Plaintiffs Documents
Original loan application dated 22/11/2017, Original Pronote dated 22/11/2017, Original Take Delivery Letter to DPN dated 22/11/2017, True extract of statement of account, Original Inter-se Agreement dated 22/11/2017, Articles of Agreement for Linkage Loans to Self Help Groups dated 22/11/2017, Original Acknowledgment of Debt (AOD) dated 23/09/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Gayathri. R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K. Siraj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ganesh Chandran. S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of the outstanding amount due.
Evidence:
The plaintiff is entitled to realize an amount of 2,95,830/- (Rupees Two Lakh Ninety-Five Thousand Eight Hundred and Thirty Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested to recover the costs of the suit.
Evidence:
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:
Proves that the defendants applied for a loan.
Reference:
Ext.A1
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
Demonstrates the defendants' agreement to repay the loan.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Confirms the delivery of the loan proceeds to the defendants.
Reference:
Ext.A3
Document Type:
True extract of statement of account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendants.
Reference:
Ext.A4
Document Type:
Original Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
Details the agreement among the defendants regarding the loan.
Reference:
Ext.A5
Document Type:
Articles of Agreement for Linkage Loans to Self Help Groups
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the loan for the self-help group.
Reference:
Ext.A6
Document Type:
Original Acknowledgment of Debt (AOD)
Submitted By:
Plaintiff
Relevance:
Acknowledges the debt owed by the defendants.
Reference:
Ext.A7
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
2023