Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against Velamkanni Matha JLG Vizhinjam Unit and its members for the recovery of a loan amount. The defendants failed to repay the loan despite repeated requests and notices sent by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise an amount Rs. 2,63,179/- from the defendants jointly and severally with interest at the rate of 13.50% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing Kerala Gramin Bank to recover the loan amount from the defendants. The defendants were found liable for repayment of the loan with interest.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case and established the defendants' liability to repay the loan amount.
The plaintiff's unchallenged evidence proved its case and established the defendants' liability to repay the loan amount.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case and established the defendants' liability to repay the loan amount.
The plaintiff's unchallenged evidence proved its case and established the defendants' liability to repay the loan amount.
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and plaintiff is allowed to realise an amount Rs. 2,63,179/- (Rupees Two lakhs Sixty Three thousand One hundred and Seventy Nine only) from the defendants jointly and severally with interest at the rate of 13.50% per annum for the principal amount from the date of suit till date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its branch Manager, Nijin.S.R.
- Party Role
- Defendant
- Party Name
- Velamkanni Matha JLG Vizhinjam Unit
- Relation
- represented by its President, Elizabath Joy
- Party Role
- Defendant
- Party Name
- Elizabeth Joy
- Party Age
- 44
- Relation
- W/o Joy
- Party Role
- Defendant
- Party Name
- Shalet.A
- Party Age
- 27
- Relation
- D/o Albert
- Party Role
- Defendant
- Party Name
- Vijila.T
- Party Age
- 25
- Relation
- D/o Thadayus
- Party Role
- Defendant
- Party Name
- Janarthamma
- Party Age
- 69
- Relation
- W/o Alex
Plaintiffs Documents
Original Loan Application, Original Pronote, Original take delivery letter to DPN, True Extract of the statement of account, Original Inter-se Agreement, Original letter of consent cum guarantee cum hypothecation agreement for JLG loans, Original of Acknowledgment of Debt, Copy of legal Notice.
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ganesh Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise an amount of Rs. 2,63,179/- from the defendants jointly and severally with interest.
Evidence:
Thus, the suit is decreed with costs and plaintiff is allowed to realise an amount Rs. 2,63,179/- (Rupees Two lakhs Sixty Three thousand One hundred and Seventy Nine only) from the defendants jointly and severally with interest at the rate of 13.50% per annum for the principal amount from the date of suit till date of realisation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 14.12.2017.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote dated 14.12.2017.
Reference:
Ext.A2
Document Type:
Delivery letter to DPN
Submitted By:
Plaintiff
Relevance:
Original of take delivery letter to DPN dated 14.12.2017.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account.
Reference:
Ext.A4
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original Inter-se agreement dated 14.12.2017.
Reference:
Ext.A5
Document Type:
Consent and Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original letter of consent cum guarantee cum hypothecation agreement for JLG loans dated 14.12.2017.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original of Acknowledgment of Debt dated 20.11.2020.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 05.06.2023.
Reference:
Ext.A8
Document Type:
Returned Registered Notice
Submitted By:
Plaintiff
Relevance:
Returned registered notices.
Reference:
Ext.A9 series
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Original of postal acknowledgment cards.
Reference:
Ext.A10 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
OS.NO.
Case Code Year
2023