Case Summary
Kerala Gramin Bank is the plaintiff seeking to recover a loan amount from the defendants, who are the legal heirs of the late Murugan P. The bank claims the defendants defaulted on loan repayment despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹78,696/- with 6% interest from the date of the suit until the date of realization, and costs of this suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Kerala Gramin Bank, allowing them to recover the outstanding loan amount from the defendants. The defendants are found liable for the repayment.
Why Plaintiff Won:
The evidence presented by the plaintiff established that the defendants defaulted on the repayment of the loan.
The evidence presented by the plaintiff established that the defendants defaulted on the repayment of the loan.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established that the defendants defaulted on the repayment of the loan.
The evidence presented by the plaintiff established that the defendants defaulted on the repayment of the loan.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹78,696/- (Rupees Seventy-Eight Thousand Six Hundred and Ninety-six 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 ₹78,696/- (Rupees Seventy-Eight Thousand Six Hundred and Ninety-six Only) with 6% interest from the date of the suit until the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pappa.A
- Party Age
- 58
- Relation
- W/o. Late Murugan.P
- Party Role
- Defendant
- Party Name
- Ayyappan
- Party Age
- 35
- Relation
- S/o. Murugan.P
- Party Role
- Defendant
- Party Name
- Sivan.M
- Party Age
- 30
- Relation
- S/o. Murugan.P
Plaintiffs Documents
Original loan application, Original guarantee agreement, Original guarantee covering letter, Original agreement for non-farm sector term loans, True extract of bank statement, Original acknowledgment of debt and security by the borrower/co-obligant, Copy of the legal notice, Originals of the returned registered notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K. Siraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ganesh Chandran.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹78,696/- with interest from the defendants.
Evidence:
Hence, the above point is answered accordingly.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants.
Evidence:
In the light of discussions in the foregoing point, this court is of the view that the plaintiff is entitled to get the reliefs as prayed for against the defendants 1 to 3.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 13/10/2017 signed by Sri. Murugan.
Reference:
Ext.A1
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original guarantee agreement dated 27/11/2017 signed by Sri Murugan P and the 3rd defendant.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Original guarantee covering letter dated 27/11/2017 signed by the 3rd defendant.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement for non-farm sector term loans signed by Sri Murugan P.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True extract of the bank statement of the account maintained by the plaintiff bank from the period 27/11/2017 to 27/07/2023.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security signed by the borrower/co-obligant.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice dated 20/07/2023 issued to the defendants.
Reference:
Ext.A7
Document Type:
Returned registered notices
Submitted By:
Plaintiff
Relevance:
Originals of the returned registered notices sent to defendants 2 and 3.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the 1st defendant evidencing the receipt of Ext.A7 notice.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of PW1 providing evidence for the plaintiff.
Reference:
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