Case Summary
Kerala Gramin Bank filed a suit against Ajith Babu and Babu P. R for non-repayment of a loan taken for purchasing a Royal Enfield Motor Cycle. Despite repeated demands, the defendants failed to pay the loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of ₹80,938 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Kerala Gramin Bank, ordering the defendants to pay ₹80,938 along with interest for the outstanding loan.
Why Plaintiff Won:
The evidence proved that the defendants had taken a vehicle loan and defaulted repayment.
The evidence proved that the defendants had taken a vehicle loan and defaulted repayment.
Losing Side's Weaknesses:
The evidence proved that the defendants had taken a vehicle loan and defaulted repayment.
The evidence proved that the defendants had taken a vehicle loan and defaulted repayment.
Supporting Evidence
The unchallenged testimony of PW1 proved the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; 1) The defendants are directed to pay an amount of ₹80,938 to the plaintiff bank with interest @ 8.75% per annum from the date of the suit till the date of judgment and thereafter @ 6% per annum from the date of judgment till its realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Ajith Babu
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babu P. R
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Application for vehicle loan executed by borrower, Loan sanction communication to borrowers, Agreement for vehicle loan, Guarantee Agreement, Guarantee covering letter, Office copy of Lawyer’s notice, Certified copy of account ledger.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu Stephen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antoney Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of ₹80,938/- from the defendants.
Evidence:
I find that plaintiff is entitled to realize an amount of ₹80,938/- from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendants.
Evidence:
I am of the view that the plaintiff is entitled to realise the costs of the suit from defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for vehicle loan executed by borrower.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for vehicle loan executed by guarantor.
Reference:
Ext.A2
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Loan sanction communication to borrowers.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for vehicle loan.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Guarantee covering letter.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer’s notice.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts to show that first defendant had received lawyer notice.
Reference:
Ext.A8
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card to show receipt of lawyer notice.
Reference:
Ext.A9
Document Type:
Account Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of account ledger revealing the defendants' default.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Ajith Babu et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Ajith Babu et al regarding realisation of money