Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for the recovery of a vehicle loan amount that was defaulted. The defendants did not appear in court and were set ex parte, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,10,022/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount owed by the defendants. The court also granted interest and costs.
Why Plaintiff Won:
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and did not appear in court.
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and did not appear in court.
Losing Side's Weaknesses:
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and did not appear in court.
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and did not appear in court.
Supporting Evidence
Therefore, the plaintiff is entitled for a decree for realization of the plaint amount with interest. The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹2,10,022/- from the defendants and their assets. 2.Plaintiff is allowed to realise interest at the rate of 14% per annum with monthly rests from 29/04/2023 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Rakesh Krishnan.P.K
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kusalakumari.Y
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Loan application dated 29/11/2014, Agreement for vehicle loan dated 29/11/2014, Acknowledgment of debt and security dated 30/06/2020, Statement of account, Guarantee agreement dated 29/11/2014, Guarantee covering letter dated 29/11/2014, Advocate notice dated 22/02/2023.
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
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.2,10,022/- from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise 2,10,022/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 14% per annum with monthly rests from 29/04/2023 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 14% per annum with monthly rests from 29/04/2023 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
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:
This document was submitted as evidence of the loan application made by the defendants.
Reference:
Ext.A1
Document Type:
Agreement for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the vehicle loan agreement entered into by the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as an acknowledgment of the debt owed by the defendants.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a summary of the account balance and payments due from the defendants.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement signed by the second defendant.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This letter accompanies the guarantee agreement and provides additional context.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notice to the defendants regarding their default.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms receipt of the notice by the defendants.
Reference:
Ext.A8
Document Type:
Returned Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is a returned notice indicating that the first defendant did not receive it.
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
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Rakesh Krishnan.P.K et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Rakesh Krishnan.P.K et al regarding realisation of money