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C.S. 5/2024

Case between Kerala Gramin Bank, Unnikulam Branch vs Sidharath et al regarding loan repayment

Court
COURT OF COMMERCIAL JUDGE, KOYILANDY
Judge
Sri. Visakh. V.S.
Order Date
2025-01-20
Duration
approximately-1 year 2 months
Case Code No.
5
Case Closed
Mon, 01/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, Sidharath and Bhaskaran, for failure to repay an educational loan. The loan was taken for educational purposes, but the defendants did not adhere to the repayment terms.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendants to pay the plaintiff a sum of Rs 12,59,165/- with interest for failing to repay the educational loan.
Judgment Favored
Plaintiff
Relief Granted
The defendants are ordered to pay Rs 12,59,165/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay the plaintiff a sum of Rs 12,59,165/- with interest for failing to repay the educational loan.
Why Plaintiff Won:
Defendants acknowledged the loan and failed to repay despite repeated notifications.
Losing Side's Weaknesses:
Defendants acknowledged the loan and failed to repay despite repeated notifications.
Supporting Evidence
The evidence substantiated that the defendants had executed the loan agreement and acknowledged the debt several times, acknowledging their liability.

Judgment Evidence:

In view of the finding on the first, second and third issues, it is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 12,59,165/- (Rupees Twelve Lakhs Fifty Nine Thousand One Hundred and Sixty Five Only) with interest thereon at the rate of 9% per annum from the date of suit till this day and with interest thereon at the rate of 6% per annum from this day till the date of realisation of the said sum and do also pay the costs of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank, Unnikulam Branch
Relation
Represented by
Party Role
Defendant
Party Name
Sidharath
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Bhaskaran
Party Age
60
Relation
S/o
Plaintiffs Documents
Education Loan Agreement, Acknowledgment of debt, Lawyer Notice, Account Statement
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Anil. G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K.B. Vijayanandan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Amal Krishnan.P
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Ordered defendants to pay the sum of Rs 12,59,165/- with interest and costs.
Evidence:
In view of the finding on the first, second and third issues, it is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 12,59,165/- (Rupees Twelve Lakhs Fifty Nine Thousand One Hundred and Sixty Five Only) with interest thereon at the rate of 9% per annum from the date of suit till this day.

Documents & Evidence

Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Proves that the first and second defendants availed a loan for a sum of Rs 3,73,000/- from the plaintiff bank.
Reference:
Ext.A1
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment by the defendants of loan amount sanctioned on 3/11/2011.
Reference:
Ext.A2
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of outstanding amount of Rs 4,94,457/- from the defendants.
Reference:
Ext.A3
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of outstanding amount of Rs 6,13,314/- from the defendants.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of outstanding amount of Rs 8,93,276.37/- from the defendants.
Reference:
Ext.A5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Shows the sum of Rs.12,59,165/- due from the defendants as on 19/1/2024.
Reference:
Ext.A10

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2024

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Case Filed
Thu, 01/18/2024 - 12:00
Case Closed
Mon, 01/20/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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