Case Summary
The case involves Kerala Gramin Bank seeking the repayment of a loan amount of ₹58,270/- from the defendants, Shibu.V and Krishnapanicker, who defaulted on their loan payments. The defendants were set ex parte due to their absence in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹58,270/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realise ₹58,270/- along with interest and costs from the defendants. The defendants failed to appear in court and did not contest the claims.
Why Plaintiff Won:
The evidence presented by the plaintiff bank was unchallenged due to the defendants being set ex parte, showing that the defendants owed the claimed amount.
The evidence presented by the plaintiff bank was unchallenged due to the defendants being set ex parte, showing that the defendants owed the claimed amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff bank was unchallenged due to the defendants being set ex parte, showing that the defendants owed the claimed amount.
The evidence presented by the plaintiff bank was unchallenged due to the defendants being set ex parte, showing that the defendants owed the claimed amount.
Supporting Evidence
Therefore, the plaintiff is entitled to realise ₹58,270/- with interest at the rate of 15.5% per annum with monthly rests from the date of suit till realisation.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹58,270/- from the defendants and their assets. 2. Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 15/10/2015 till the date of decree. 3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Shibu.V
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishnapanicker
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Loan Application, Original Pronote, Take Delivery Letter to DPN, Agreement for MSME Working Capital Limits – CC and OD, Request for Overdraft Facilities, Loan Sanction Communication to Borrowers, Statement of Account, Copy of Advocate Notice, Copy of Postal Receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹58,270/- from the defendants.
Evidence:
Therefore, plaintiff is entitled to realise ₹58,270/- with interest at the rate of 15.5% per annum with monthly rests from the date of suit till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 15.5% from 15/10/2015 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 15.5% per annum with monthly rests from 15/10/2015 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.
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:
Submitted by the defendants for availing the loan.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendants' promise to repay the loan amount.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of loan by the defendants.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing terms of the loan facilities.
Reference:
Ext.A4
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Document related to the defendants' request for overdraft.
Reference:
Ext.A5
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Official communication sanctioning the loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing the defendants' loan position.
Reference:
Ext.A7
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent to the defendants demanding repayment.
Reference:
Ext.A8
Document Type:
Copy of postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the postal communication sent to defendants.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging the communication sent to the defendants.
Reference:
Ext.A10
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
2018