Case Summary
Kerala Gramin Bank filed a suit against Aleena Johney and others for the recovery of a loan amount. The defendants failed to repay the loan in accordance with the terms set by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are jointly and severally directed to pay an amount of Rs.17,00,778/- with interest from the date of suit till date of decree and thereafter at 6% per annum till realization.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established its case through unchallenged evidence and documentation showing the defendants' default in repayment.
The plaintiff established its case through unchallenged evidence and documentation showing the defendants' default in repayment.
Losing Side's Weaknesses:
The plaintiff established its case through unchallenged evidence and documentation showing the defendants' default in repayment.
The plaintiff established its case through unchallenged evidence and documentation showing the defendants' default in repayment.
Supporting Evidence
PW1 further deposed that the defendants did not comply with the terms and conditions of the loan agreement and failed to repay the loan amount. Thus, the plaintiff has succeeded in establishing his case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The defendants are jointly and severally directed to pay an amount of Rs.17,00,778/- (Rupees Seventeen lakhs seven hundred and seventy eight only) with 9% interest from the date of suit till date of decree and thereafter at 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aleena Johney
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Johney PJ
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joshy
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Application for educational loan, Education loan agreement, Guarantee agreement, Lawyer notice issued to defendants, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sibin V Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are jointly and severally directed to pay an amount of Rs.17,00,778/- with interest.
Evidence:
In the result, the suit is decreed as follows: (1) The defendants are jointly and severally directed to pay an amount of Rs.17,00,778/- (Rupees Seventeen lakhs seven hundred and seventy eight only) with 9% interest from the date of suit till date of decree and thereafter at 6% per annum till realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit.
Evidence:
In the result, the suit is decreed as follows: (2) The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Application for Educational Loan
Submitted By:
Plaintiff
Relevance:
Loan application submitted by defendants No. 1 and 2 was marked as Exhibit A1.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
The first and the second defendant had executed Exhibit A2 education loan agreement with the plaintiff bank.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The third defendant had also executed Exhibit A3 and A4 guarantee agreement and Guarantee covering letter.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
The third defendant had also executed Exhibit A3 and A4 guarantee agreement and Guarantee covering letter.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff was constrained to issue Exhibit A5 lawyer notice calling upon the defendants to repay the loan amount.
Reference:
Ext.A5
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Exhibit A6 true extract of the accounts maintained by the plaintiff would go to show that defendants have defaulted in repaying the loan amount.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Exhibits A7 to A10 are the acknowledgment of the debt executed by the defendants in favour of the plaintiff’s bank.
Reference:
Ext.A7 to A10
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Non starter report by DLSA, Kozhikode.
Reference:
Ext.A11
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Kerala Gramin Bank vs Aleena Johney et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Aleena Johney et al regarding realisation of money.