Case Summary
Kerala Gramin Bank filed a suit against Vyaparasree Vanitha Sahaya Sangham Group and its members for recovery of an outstanding loan amount. The defendants did not appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,91,829/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the amount due from the defendants along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to prove the outstanding dues from the defendants.
The plaintiff provided sufficient evidence to prove the outstanding dues from the defendants.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to prove the outstanding dues from the defendants.
The plaintiff provided sufficient evidence to prove the outstanding dues from the defendants.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹2,91,829/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,91,829/- (Rupees Two Lakhs Ninety-One Thousand and Eight Hundred Twenty-Nine 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
- Party Age
- 32
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vyaparasree Vanitha Sahaya Sangham Group No.O – Two
- Party Role
- Defendant
- Party Name
- Vimala.D
- Party Age
- 51
- Relation
- W/o.Philip
- Party Role
- Defendant
- Party Name
- Bency.T
- Party Age
- 46
- Relation
- W/o. Varghese
- Party Role
- Defendant
- Party Name
- Mary Sudha. A
- Party Age
- 38
- Relation
- W/o. Denson
- Party Role
- Defendant
- Party Name
- Ijin.V
- Party Age
- 39
- Relation
- W/o. Jose
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 Articles of Agreement for Linkage Loans to Self Help Groups, Original Acknowledgment of Debt and Security of Borrower/Co-obligant, Legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K. Siraj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ganesh Chandran.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Request for recovery of outstanding loan amount.
Evidence:
The plaintiff is entitled to realize an amount of ₹2,91,829/- (Rupees Two Lakhs Ninety-One Thousand and Eight Hundred Twenty-Nine Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Request for costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Presented to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Presented as evidence of the defendants' commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Evidence regarding the loan terms agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
True extract of the statement of account
Submitted By:
Plaintiff
Relevance:
Shows the amount outstanding and confirms the non-repayment of the loan.
Reference:
Ext.A4
Document Type:
Original Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
Documents the agreement among group members regarding the loan.
Reference:
Ext.A5
Document Type:
Original Articles of Agreement for Linkage Loans to Self Help Groups
Submitted By:
Plaintiff
Relevance:
Defines the terms under which the loan was provided to the Self Help Group.
Reference:
Ext.A6
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
Confirms ongoing liability for the loan by the defendants.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Served to inform the defendants of their outstanding dues.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Shows proof of receipt of the legal notice by some defendants.
Reference:
Ext.A9 series
Document Type:
Returned Advocate Notices
Submitted By:
Plaintiff
Relevance:
Demonstrates attempts to inform the defendants of the proceedings.
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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2023