Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from Sunitha Kumari and Vijinlal. The defendants failed to repay the loan despite multiple demands and executed acknowledgment of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.1,40,332/- with 6% interest from the date of suit till the date of realization and cost of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The plaintiff is entitled to recover the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
Plaintiff established their case warranting the grant of relief sought for from the uncontroverted testimony and documents.
Plaintiff established their case warranting the grant of relief sought for from the uncontroverted testimony and documents.
Losing Side's Weaknesses:
Plaintiff established their case warranting the grant of relief sought for from the uncontroverted testimony and documents.
Plaintiff established their case warranting the grant of relief sought for from the uncontroverted testimony and documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A12 documents, the plaintiff had established its case warranting the grant of relief sought for and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.1,40,332/- (Rupees One lakh forty thousand three hundred and thirty two only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager Sri. Ramkumar V N
- Party Role
- Defendant
- Party Name
- Sunitha Kumari
- Party Age
- 44
- Relation
- W/o Binu
- Party Role
- Defendant
- Party Name
- Vijinlal
- Party Age
- 38
- Relation
- S/o Vijayakumar
Plaintiffs Documents
Original Loan Application, Original Agreement, Original Pronote, Original Take Delivery Letter to DPN, Original Request for Overdraft Facilities, Original Guarantee Agreement, Original Loan Sanction Communication, Original Acknowledgment of Debt, Statement of Account with Certificate, Copy of Legal Notice, Postal Receipt, Returned unserved Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Reena S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri.V.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request to recover the outstanding loan amount with interest.
Evidence:
Considering the facts and circumstances of the case, I am of the view that an interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization will serve the ends of justice.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was presented to establish the loan agreement between the plaintiff and the first defendant.
Reference:
Ext.A1
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This document supports the terms agreed upon for the loan by the defendants.
Reference:
Ext.A2
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
This document is evidence of the defendants' promise to repay the loan.
Reference:
Ext.A3
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document was marked to demonstrate the delivery of the loan amount.
Reference:
Ext.A4
Document Type:
Original Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document indicates a request for additional financial support related to the loan.
Reference:
Ext.A5
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
This document established the second defendant's guarantee for the loan.
Reference:
Ext.A6
Document Type:
Original Loan Sanction Communication
Submitted By:
Plaintiff
Relevance:
This document communicates the sanctioning of the loan to the defendants.
Reference:
Ext.A7
Document Type:
Original acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document serves as acknowledgment of the debt by the defendants.
Reference:
Ext.A8
Document Type:
Statement of account with certificate
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the outstanding dues.
Reference:
Ext.A9
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is evidence of the legal notice sent to the defendants demanding repayment.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document shows proof of the legal notice being sent.
Reference:
Ext.A11
Document Type:
Returned unserved Notice
Submitted By:
Plaintiff
Relevance:
This document indicates that the legal notice was not served successfully.
Reference:
Ext.A12
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