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OS. No.61/2019

Case between Kerala Gramin Bank (Formerly known as North Malabar Gramin Bank, Kolenchery Branch, Represented by its Branch Manager) vs George C J et al regarding recovery of loan amount

Court
Munsiff Court, Kolenchery
Judge
Smt. L Usha
Order Date
2023-03-28
Duration
approximately-1 year 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Kerala Gramin Bank seeking to recover a loan amount from the defendants, who defaulted on their mortgage agreement. The defendants included a borrower and a guarantor, as well as subsequent purchasers of the mortgaged property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff bank, entitling them to recover the due amount from the defendants along with interest from the date of the decree. The defendants failed to repay the loan and violated the mortgage agreement.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.1,84,021/- with interest @ 9.5% per annum from date of the suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, entitling them to recover the due amount from the defendants along with interest from the date of the decree. The defendants failed to repay the loan and violated the mortgage agreement.
Why Plaintiff Won:
The plaintiff successfully established the violation of the loan agreement by the defendants.
Losing Side's Weaknesses:
The plaintiff successfully established the violation of the loan agreement by the defendants.
Supporting Evidence
The plaintiff bank produced all the relevant documents to establish its case. The defendants had no case that they had repaid the loan amount.

Judgment Evidence:

In the result, the suit is decreed as follows: Plaintiff is entitled to realize Rs.1,84,021/- (Rupees One lakh Eighty Four thousand and twenty one only) with interest @ 9.5% per annum from date of the suit till date of decree and thereafter @ 6% per annum upon Rs.1,84,021/- (One lakh Eighty Four thousand and twenty one) from the date of decree until realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
Represented by
Party Role
Defendant
Party Name
George C J
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Kuriachan P J
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Aliamma
Party Age
59
Relation
W/o
Party Role
Defendant
Party Name
George A M
Party Age
55
Plaintiffs Documents
Loan Application, Memorandum of agreement, Original Sale Deed No 73/11, Confirmation Letter, Acknowledgment of debt, Certified copy of Sale Deed No 3748/14, Certified copy of Sale Deed No 1145/15, Lawyers notice, Postal Receipts, Acknowledgment card, Encumbrance certificate, Bank Accountant Statement, Notification issued from the Ministry of Finance, Power of Attorney.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Johny Kuriakose Methippara
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M Y Saju
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.1,84,021/- with interest.
Evidence:
The plaintiff bank is entitled to get the amount as claimed in the suit with interest at the rate of 9.5% per annum.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to get the costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from all the defendants.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Submitted by the first defendant for obtaining the loan.
Reference:
Ext.A1
Document Type: Memorandum of Agreement
Submitted By: Plaintiff
Relevance:
Executed by the first and second defendants agreeing to repay the loan.
Reference:
Ext.A2
Document Type: Original Sale Deed
Submitted By: Plaintiff
Relevance:
Original title deed of the property mortgaged for the loan.
Reference:
Ext.A3
Document Type: Confirmation letter
Submitted By: Plaintiff
Relevance:
Confirmation of loan details executed by the first defendant.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt dated 02.04.2014 executed by the first defendant.
Reference:
Ext.A5
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt dated 14.10.2016 executed by the first defendant.
Reference:
Ext.A6
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed transferring the mortgaged property.
Reference:
Ext.A7
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Certified copy of another sale deed related to the property.
Reference:
Ext.A8
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Legal notice sent to the defendants demanding repayment.
Reference:
Ext.A9
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipts related to the legal notice.
Reference:
Ext.A10 series
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Signed acknowledgment card from the first defendant.
Reference:
Ext.A11
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
Certificate related to the property confirming no encumbrances.
Reference:
Ext.A12
Document Type: Bank Account statement
Submitted By: Plaintiff
Relevance:
Statement of the first defendant's loan account with the bank.
Reference:
Ext.A13
Document Type: Notification
Submitted By: Plaintiff
Relevance:
Notification regarding the plaintiff bank's operation.
Reference:
Ext.A14
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Power of Attorney executed in favor of the present Manager.
Reference:
Ext.A15

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank (Formerly known as North Malabar Gramin Bank, Kolenchery Branch, Represented by its Branch Manager) vs George C J et al regarding recovery of loan amount
Case Code Year
Case between Kerala Gramin Bank (Formerly known as North Malabar Gramin Bank, Kolenchery Branch, Represented by its Branch Manager) vs George C J et al regarding recovery of loan amount

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Sun, 01/01/2023 - 12:00
To
Sun, 12/31/2023 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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