Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover a loan amount from the defendants who failed to adhere to the loan repayment terms. The defendants were set ex parte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,34,016/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the due amount from the defendants along with interest. The defendants have been found liable for the repayment of the loan.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged since the defendants did not appear in court.
The evidence presented by the plaintiff was unchallenged since the defendants did not appear in court.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged since the defendants did not appear in court.
The evidence presented by the plaintiff was unchallenged since the defendants did not appear in court.
Supporting Evidence
From the available evidences, the plaintiff bank is entitled for a decree for realization of the plaint amount with interest.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹2,34,016/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by Manager
- Party Role
- Defendant
- Party Name
- Saraswathy.G
- Party Age
- 51
- Relation
- W/o Jayakumar.K
- Party Role
- Defendant
- Party Name
- Sunny John
- Party Age
- 55
- Relation
- S/o K.V. John
Plaintiffs Documents
Loan Application dated 27/10/2015, Loan Agreement dated 27/10/2015, Guarantee Agreement dated 27/10/2015, Loan Sanction Communication, Acknowledgment of Debt dated 01/10/2018, Copy of Advocate Notice dated 30.11.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Reena.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,34,016 from the defendants.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹2,34,016/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 15.5% per annum.
Evidence:
Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 16/12/2021 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.
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 costs of the suit.
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 is the loan application submitted by the defendant as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document is the loan agreement executed by the defendants for the loan availed.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement executed by the second defendant for the loan.
Reference:
Ext.A3
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document is the communication issued by the bank to the borrowers regarding the loan sanction.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment executed by the defendants confirming the debt and security.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the statement of accounts with certification.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is the advocate notice sent to the defendants regarding the outstanding payment.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt for the advocate notice sent to the defendants.
Reference:
Ext.A8
Document Type:
Returned unserved Notice
Submitted By:
Plaintiff
Relevance:
This document is the returned unserved notice related to the advocate notice sent.
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
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Saraswathy.G et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Saraswathy.G et al regarding realisation of money.