Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit for recovery of a loan amounting to ₹1,71,821 from the defendants who defaulted on repayment. Despite being served summons, the defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,71,821 with 6% interest and costs from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹1,71,821 with interest and costs from the defendants. The case proceeded ex parte due to the defendants' absence.
Why Plaintiff Won:
The evidence on record established that the defendants defaulted on the loan repayment despite being given multiple opportunities.
The evidence on record established that the defendants defaulted on the loan repayment despite being given multiple opportunities.
Losing Side's Weaknesses:
The evidence on record established that the defendants defaulted on the loan repayment despite being given multiple opportunities.
The evidence on record established that the defendants defaulted on the loan repayment despite being given multiple opportunities.
Supporting Evidence
The documents produced by the plaintiff show that the defendants are liable to pay this amount. There is no evidence on record indicating that the defendants have discharged their liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: The plaintiff is entitled to realize an amount of ₹1,71,821/- (Rupees One lakh Seventy-one Thousand Eight Hundred and Twenty-one only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager Dileep Mathew John
- Party Role
- Defendant
- Party Name
- Rajesh Kumar. P
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini. P
- Party Age
- 41
- Relation
- C/o
Plaintiffs Documents
Original loan application, Original agreement for general consumption loan, Original demand promissory note, Take delivery letter to DPN, Acknowledgment of debt and security.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kanjiramattom T.K. Siraj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of ₹1,71,821/- along with interest.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹1,71,821/- (Rupees One lakh Seventy-one Thousand Eight Hundred and Twenty-one only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
(b)The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to establish the loan agreement and amount.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to outline the terms of the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Shows the defendants' commitment to repay the loan amount.
Reference:
Ext.A3
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Confirms the defendants received the funds as per the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Documents showing defendants acknowledged the debt and their liability.
Reference:
Ext.A5, Ext.A5(a), Ext.A5(b), Ext.A5(c)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance due from the defendants.
Reference:
Ext.A6
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Official communication regarding the loan terms sent to 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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024