Commercial Suit No.40/2024

Case between THE KERALA GRAMIN BANK et al vs VISHNU @ VISHNUKAYYOONAMMAL regarding realisation of amount

Court

COMMERCIAL/III ADDL. SUB JUDGE, KOZHIKODE

Judge

Sri. Sidhik. K

Order Date

2025-06-26

Duration

approximately-6 years 6 months

Case Closed

Thu, 06/26/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The Kerala Gramin Bank is seeking to recover loan amounts from VISHNU @ VISHNUKAYYOONAMMAL, who failed to repay loans secured by gold pledges. The case centers around the alleged fraudulent pledging of spurious gold by the defendant.

Judgment Outcome

Plaintiff Won

Interim Order

The court found in favor of the plaintiff and ordered the defendant to pay the outstanding amount due. The plaintiff is entitled to interest and costs.

Judgment Favored

Plaintiff

Relief Granted

Defendant is directed to pay an amount of Rs.14,66,485/- to the plaintiff.

Case Type

Commercial Suit

Final Judgment

The court found in favor of the plaintiff and ordered the defendant to pay the outstanding amount due. The plaintiff is entitled to interest and costs.

Why Plaintiff Won:
The plaintiff proved that the defendant failed to clear the outstanding loan amount secured against spurious gold.

Losing Side's Weaknesses:
The plaintiff proved that the defendant failed to clear the outstanding loan amount secured against spurious gold.

Supporting Evidence

The unchallenged oral testimony of PW1 coupled with Exts. A1 to A13 documents very well shows that the defendant failed to repay the outstanding amount with interest to plaintiff and now an amount of Rs.14,66,485/- is due from the defendant to the plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. Defendant is directed to pay an amount of Rs.14,66,485/- (Rupees fourteen lakh sixty six thousand four hundred and eighty five only) to the plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: THE KERALA GRAMIN BANK

Party Role: Defendant
Party Name: VISHNU @ VISHNUKAYYOONAMMAL
Party Age: 32
Relation: S/o

Plaintiffs Documents

Certified copy of FIR against the defendant, Certified copy of final report submitted by the Inspector of Police, Certificate issued from Mukkam SHO regarding the ornaments pledged, Certified copy of saving bank opening form, Certified copy of loan tickets, withdrawal forms, transaction slip and fund transfer application, Certified copy of certificate of chemical analysis issued from Chemical Examiner’s Laboratory Department, Bank account statements.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Benny Joseph
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Smt. Juvairia. N.V
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendant is directed to pay an amount of Rs.14,66,485/- to the plaintiff.

Evidence:

Accordingly, the suit is liable to be decreed directing the defendant to pay the outstanding amount.

Relief Type: Interest

Outcome: Granted

Description:

Plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.

Evidence:

The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiff will be entitled for costs of the suit.

Evidence:

The plaintiff will be entitled for costs of the suit.

Documents & Evidence

Document Type: Certified copy of FIR

Submitted By: Plaintiff

Relevance:

Shows the legal action taken against the defendant for cheating.

Reference:

Ext.A1

Document Type: Certified copy of final report submitted by the Inspector of Police

Submitted By: Plaintiff

Relevance:

Details the findings of the police investigation regarding the case.

Reference:

Ext.A2

Document Type: Certificate issued from Mukkam SHO regarding the ornaments pledged

Submitted By: Plaintiff

Relevance:

Confirms the authenticity of the pledged ornaments.

Reference:

Ext.A3

Document Type: Certified copy of saving bank opening form

Submitted By: Plaintiff

Relevance:

Documents the defendant's banking relationship with the plaintiff.

Reference:

Ext.A4

Document Type: Certified copy of loan tickets, withdrawal forms, transaction slips and fund transfer application

Submitted By: Plaintiff

Relevance:

Details the transactions and withdrawals made by the defendant.

Reference:

Ext.A5

Document Type: Certified copy of certificate of Chemical analysis issued from Chemical examination laboratory department

Submitted By: Plaintiff

Relevance:

Verifies the composition of the gold ornaments pledged.

Reference:

Ext.A6