Case Summary
Kerala Gramin Bank filed a suit against Sariga JLG and its members for the realization of a loan amount of Rs.3,41,385/- due to non-repayment. The defendants, despite proper service of summons, did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.3,41,385/- with interest at the rate of 14% per annum from the date of suit till the date of decree
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the due loan amount from the defendants. The suit against the fifth defendant stands abated due to her passing.
Why Plaintiff Won:
The plaintiff provided unchallenged and unrebutted evidence of the loan agreement and the outstanding dues.
The plaintiff provided unchallenged and unrebutted evidence of the loan agreement and the outstanding dues.
Losing Side's Weaknesses:
The plaintiff provided unchallenged and unrebutted evidence of the loan agreement and the outstanding dues.
The plaintiff provided unchallenged and unrebutted evidence of the loan agreement and the outstanding dues.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed off a loan facility from the plaintiff bank and that an amount of Rs.3,41,385/- (Rupees Three lakhs forty one thousand three hundred and eighty five only) is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.3,41,385/- (Rupees Three lakhs forty one thousand three hundred and eighty five only) with interest at the rate of 14% per annum from the date of suit till the date of decree from the defendant nos.1 to 4, 6 and 7 jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Sariga JLG
- Relation
- represented by its President/ Secretary
- Party Role
- Defendant
- Party Name
- Swapna.S
- Party Age
- 40
- Relation
- W/o Ratheesh
- Party Role
- Defendant
- Party Name
- Nisha.S.L
- Party Age
- 36
- Relation
- W/o Praveenraj
- Party Role
- Defendant
- Party Name
- Shainy.V.S
- Party Age
- 39
- Relation
- W/o Sreehari
- Party Role
- Defendant
- Party Name
- Pushpam.D
- Party Age
- 59
- Relation
- W/o Soman
Plaintiffs Documents
Loan application form of JLGs, Letter of consent cum guarantee cum hypothecation agreement, Promissory note, Take delivery letter to DPN, Acknowledgment of debt and security of borrower/co-obligant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.S.Reena
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anandhu.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.3,41,385/- with interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.3,41,385/- with interest at the rate of 14% per annum from the date of suit till the date of decree from the defendant nos.1 to 4, 6 and 7 jointly and severally.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant nos.1 to 4, 6 and 7 and their assets both movable and immovable.
Relief Type:
Other
Outcome:
Granted
Description:
The suit as against the 5th defendant stands abated.
Evidence:
Hence suit against her stands abated.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document is the application form submitted by the defendants for the loan.
Reference:
Ext.A1
Document Type:
Letter of consent cum guarantee cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement including guarantees.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise by the defendants to repay the loan.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document indicates the delivery instructions related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendants' debt to the bank.
Reference:
Ext.A5 series
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides the balance and transaction history of the loan account.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
These documents are the legal notices sent to the defendants regarding repayment.
Reference:
Ext.A7 series
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These documents serve as proof of sending notices to the defendants.
Reference:
Ext.A8 series
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
This document shows notices that were unclaimed by the defendants.
Reference:
Ext.A9 series
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
O.S.NO.
Case Code Year
2024