Case Summary
Kerala Gramin Bank is seeking to realize outstanding dues from a Joint Liability Group represented by Vyaparasree and other members due to non-repayment of a loan. The court found the defendants had defaulted on their loan obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize ₹2,72,448/- with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Kerala Gramin Bank is entitled to recover ₹2,72,448/- with interest from the defendants due to their default on the loan agreement.
Why Plaintiff Won:
The plaintiff proved the outstanding dues through evidence and documentation related to the loan agreement.
The plaintiff proved the outstanding dues through evidence and documentation related to the loan agreement.
Losing Side's Weaknesses:
The plaintiff proved the outstanding dues through evidence and documentation related to the loan agreement.
The plaintiff proved the outstanding dues through evidence and documentation related to the loan agreement.
Supporting Evidence
The documents produced by the plaintiff show that the defendants are liable to pay this amount. There is no evidence on record indicating that the defendants have discharged their liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,72,448/- (Rupees Two Lakhs Seventy-Two Thousand Four Hundred Forty-Eight Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Vyaparasree
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Swapna.P
- Party Age
- 35
- Relation
- W/o Rajesh.S.V
- Party Role
- Defendant
- Party Name
- Vinitha Jihas
- Party Age
- 40
- Relation
- W/o Jihas Hamza
- Party Role
- Defendant
- Party Name
- Simi.N
- Party Age
- 43
- Relation
- W/o Haleel M
- Party Role
- Defendant
- Party Name
- Sabeena.J
- Party Age
- 34
- Relation
- W/o Sanooj M
Plaintiffs Documents
Original Loan Application, Original Promissory Note, 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 loan, True copy of Advocate Notice, Postal Acknowledgment cards, Two returned letter
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
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹2,72,448/- with 6% interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,72,448/- (Rupees Two Lakhs Seventy-Two Thousand Four Hundred Forty-Eight Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendants.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 19/02/2020 submitted by the defendants.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 19/02/2020 executed by defendants 2 and 3.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original Take Delivery Letter to DPN dated 19/02/2020 signed by defendants 2 and 3.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account maintained by the plaintiff bank for the period 19/02/2020 to 17/02/2023.
Reference:
Ext.A4
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original Inter-se Agreement dated 19/02/2020 signed by defendants 2 to 5.
Reference:
Ext.A5
Document Type:
Consent-cum-Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original Letter of Consent-cum-Guarantee-cum-Hypothecation Agreement for JLG loans dated 19/02/2020 signed by defendants 2 and 3.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
True copy of Advocate Notice dated 17/12/2022.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Comprises the postal acknowledgment cards.
Reference:
Ext.A8 series
Document Type:
Returned Letters
Submitted By:
Plaintiff
Relevance:
Consists of two returned letters.
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
OS.NO.
Case Code Year
2023