Case Summary
The plaintiff, Kerala Gamin Bank, is seeking to recover a loan amount from the defendants, Aswani Elsa Raju and Rajan K P. The case involves failure to repay a loan of Rs. 75,000/- that was taken out in 2016.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
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.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff. The defendants were ordered to pay the sum due along with interest.
Why Plaintiff Won:
The plaintiff established the case with sufficient evidence and no evidence was presented by the defendants to rebut these claims.
The plaintiff established the case with sufficient evidence and no evidence was presented by the defendants to rebut these claims.
Losing Side's Weaknesses:
The plaintiff established the case with sufficient evidence and no evidence was presented by the defendants to rebut these claims.
The plaintiff established the case with sufficient evidence and no evidence was presented by the defendants to rebut these claims.
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 for Rs. 75,000/-, Original Agreement for General consumption loans.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kuruvilla Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 56,935/- along with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Documents & Evidence
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Shows the account details of the first defendant and the amount due.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan amount borrowed by the defendants.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Related to the loan agreement processes.
Reference:
Ext.A3
Document Type:
Original Agreement for General consumption loans
Submitted By:
Plaintiff
Relevance:
Agreement signed by the first defendant for the loan.
Reference:
Ext.A4
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Application submitted by the first defendant for the loan.
Reference:
Ext.A5
Document Type:
Original letter evidencing execution of document
Submitted By:
Plaintiff
Relevance:
Letter confirming the execution of loan-related documents.
Reference:
Ext.A6
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the loan default.
Reference:
Ext.A7
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of mailing the lawyers notice.
Reference:
Ext.A8
Document Type:
Original Acknowledgment cards signed by the defendants
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice by the defendants.
Reference:
Ext.A9
Document Type:
Original Acknowledgment of debt and security of borrower/ Co-obligant
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt by co-obligant.
Reference:
Ext.A10
Document Type:
Original Acknowledgment of debt and security of borrower/ Co-obligant
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of debt in relation to loan.
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
Recovery of money
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.