Case Summary
The plaintiff, Kerala Gamin Bank, provided a loan to the first defendant, Aswani Elsa Raju, which has not been repaid. The second defendant, Rajan K P, acted as a co-obligant for this loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.56,935/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the due amount with interest. The defendants are ordered to pay.
Why Plaintiff Won:
The evidence adduced by the plaintiff was not rebutted by the defendants as they failed to appear and provide a defense.
The evidence adduced by the plaintiff was not rebutted by the defendants as they failed to appear and provide a defense.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.56,935/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gamin Bank
- Relation
- represented by Branch Manager, Manju Sathananthan
- Party Role
- Defendant
- Party Name
- Aswani Elsa Raju
- Party Age
- 32
- Relation
- D/o Late Raju John
- Party Role
- Defendant
- Party Name
- Rajan K P
- Party Age
- 61
- Relation
- S/o K S Pappan
Plaintiffs Documents
Copy of statement of Account, Original demand promissory note, Original Agreement for General consumption loans, Original Loan Application, Original Acknowledgment of debt and security
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kuruvilla Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall pay to the plaintiff the sum of Rs.56,935/- along with interest.
Evidence:
It is ordered that the defendants shall pay to the plaintiff the sum of Rs.56,935/- (Rupees Fifty Six Thousand Nine Hundred and Thirty Three Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of statement of Account of Aswani Elsa Raju for the period 22.06.2016 to 08.10.2023 in Kerala Gramin Bank, Kooroppada branch along with Certificate under Bankers Book Evidence Act 1891
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note for Rs. 75,000/-
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original Take Delivery Letter to DPN
Reference:
Ext.A3
Document Type:
Agreement for General Consumption Loans
Submitted By:
Plaintiff
Relevance:
Original Agreement for General consumption loans HL plus etc.
Reference:
Ext.A4
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original Loan Application by Aswani Elsa Raju
Reference:
Ext.A5
Document Type:
Execution Document
Submitted By:
Plaintiff
Relevance:
Original letter evidencing execution of document
Reference:
Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyers notice
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt (2 Nos.)
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment cards signed by the defendants (2 Nos.)
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of debt and security of borrower/ Co-obligant
Reference:
Ext.A10
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of debt and security of borrower/ Co-obligant
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gamin Bank vs Aswani Elsa Raju et al regarding realization of money
Case Code Year
Case between Kerala Gamin Bank vs Aswani Elsa Raju et al regarding realization of money