Case Summary
The plaintiff, Kerala Gramin Bank Kollam branch, is seeking to recover a loan amount from the defendants, who are joint borrowers. The defendants defaulted on the repayment of an educational loan received for the first defendant's studies.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,70,949/- with interest at the rate of 6% per annum from the date of suit till realization with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established the defendants' liability for the borrowed amount due to their joint borrowing.
The plaintiff established the defendants' liability for the borrowed amount due to their joint borrowing.
Losing Side's Weaknesses:
The plaintiff established the defendants' liability for the borrowed amount due to their joint borrowing.
The plaintiff established the defendants' liability for the borrowed amount due to their joint borrowing.
Supporting Evidence
The case is filed within the period of limitation. As per Ext.A2 to A13 defendants are jointly and individually liable to pay the amount borrowed from the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.1,70,949/- (Rupees One Lakh Seventy Thousand Nine Hundred and Forty Nine Only) with interest at the rate of 6% per annum from the date of suit till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank Kollam branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Kausalya G.N
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ginendra Lal.J
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nirmala.V
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Copy of Extraordinary Gazette, Loan Application, Agreement for education loan, Receipt for Rs.35,000/- (multiple receipts), Acknowledgment of debt, Demand Notices, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepu B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of ₹1,70,949/- with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.1,70,949/- (Rupees One Lakh Seventy Thousand Nine Hundred and Forty Nine Only) with interest at the rate of 6% per annum from the date of suit till realisation with costs, from the defendants and their assets.
Documents & Evidence
Document Type:
Extraordinary Gazette Notification
Submitted By:
Plaintiff
Relevance:
Copy of extraordinary gazette notification related to the case.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for Education Loan
Submitted By:
Plaintiff
Relevance:
General agreement signed for the educational loan.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for disbursement of ₹35,000/-.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for disbursement of ₹35,000/-.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for disbursement of ₹35,000/-.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for disbursement of ₹35,000/-.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt by the defendants.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding payment.
Reference:
Ext.A9
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Advocate notice issued demanding repayment.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Verification of service of legal documents.
Reference:
Ext.A11
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Verification of service of legal documents.
Reference:
Ext.A12
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Account statement detailing transactions.
Reference:
Ext.A13
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Legal authority document empowering the bank to act in this case.
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank Kollam branch vs Kausalya G.N et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank Kollam branch vs Kausalya G.N et al regarding realization of money