Case Summary
Kerala Gramin Bank is seeking to recover a loan amount from Rajeshkumar.K. and Sandhya.L, who have defaulted on repayment. The defendants failed to appear in court to contest the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 96,088/- with interest at the rate of 6% per annum from the date of suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, allowing the recovery of the loan amount owed. The defendants are ordered to pay the total amount with interest.
Why Plaintiff Won:
The plaintiff's unchallenged evidence demonstrated entitlement to the loan amount.
The plaintiff's unchallenged evidence demonstrated entitlement to the loan amount.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence demonstrated entitlement to the loan amount.
The plaintiff's unchallenged evidence demonstrated entitlement to the loan amount.
Supporting Evidence
Plaintiff's unchallenged evidence proved 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 defendants shall pay an amount of Rs. 96,088/- (Rupees Ninety Six thousand and Eighty Eight only) to the plaintiff jointly and severally with interest at the rate of 6% 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 Manager, Libin Thomas
- Party Role
- Defendant
- Party Name
- Rajeshkumar.K.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sandhya.L
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 12.02.2020, Pronote dated 12.02.2020, Take Delivery Letter to DPN dated 12.02.2020, Agreement for MSME Working Capital Limits dated 12.02.2020, Guarantee Agreement dated 12.02.2020, Guarantee Covering Letter dated 12.02.2020, Copy of statement of account.
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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs. 96,088/- along with interest from the defendants.
Evidence:
the suit is decreed with costs and defendants shall pay an amount of Rs. 96,088/- (Rupees Ninety Six thousand and Eighty Eight only) to the plaintiff jointly and severally with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the first defendant, forming the basis of the loan granted by the plaintiff.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document outlines the promissory note signed by the first defendant as a commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document acknowledges the acceptance of the loan by the first defendant.
Reference:
Ext.A3
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
This document details the terms of the agreement under which the loan was sanctioned to the first defendant.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement signed by the second defendant to secure the loan.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This document accompanies the guarantee agreement, providing additional details about the guarantee.
Reference:
Ext.A6
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provides the financial statement indicating the amount due from 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