Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit for the realization of money against the defendants Anilkumar K.K. and Antony Markose, who are involved in a loan agreement. The defendants failed to repay the loan amount, prompting the plaintiff to seek recovery through judicial means.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,56,045/- with interest and costs from the defendants and their assets jointly and severally.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, enabling them to recover the outstanding loan amount and interest from the defendants. The judgment emphasized the liability of the defendants based on the documents produced by the plaintiff.
Why Plaintiff Won:
The defendants could not rebut the evidence produced by the plaintiff bank which clearly established their liability.
The defendants could not rebut the evidence produced by the plaintiff bank which clearly established their liability.
Losing Side's Weaknesses:
The defendants could not rebut the evidence produced by the plaintiff bank which clearly established their liability.
The defendants could not rebut the evidence produced by the plaintiff bank which clearly established their liability.
Supporting Evidence
The documents are sufficient to show the liability of the defendants towards plaintiff bank and the commitment to repay the loan amount.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize Rs.1,56,045/- (Rupees One Lakh Fifty Six Thousand and Forty Five only) as on the date of suit, 10.6% interest per annum on Rs.1,00,000/- from the date of suit till the date of decree and 6% interest per annum on Rs.1,00,000/- from the date of decree till realization of the amount, from the defendants and their assets jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anilkumar K.K.
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony Markose
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application dated 18.12.2017, Credit appraisal note for MSME Loans, Loan sanction communication.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy K. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.A. Muhammed Shameer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.1,56,045/- along with interest and costs from the defendants.
Evidence:
The plaintiff is entitled to realize Rs.1,56,045/- (Rupees One Lakh Fifty Six Thousand and Forty Five only) as on the date of suit, 10.6% interest per annum on Rs.1,00,000/- from the date of suit till the date of decree and 6% interest per annum on Rs.1,00,000/- from the date of decree till realization of the amount, from the defendants and their assets jointly and severally.
Relief Type:
Other
Outcome:
Granted
Description:
Realization of costs associated with the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application dated 18.12.2017 submitted by the 1st defendant for obtaining a loan.
Reference:
Ext.A1
Document Type:
Credit Appraisal Note for MSME Loans
Submitted By:
Plaintiff
Relevance:
Credit appraisal note prepared by the plaintiff bank related to the 1st defendant's loan application.
Reference:
Ext.A2
Document Type:
Details of Co-obligant/Guarantor
Submitted By:
Plaintiff
Relevance:
Details of the guarantor provided by the 1st defendant.
Reference:
Ext.A3
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Communication of the loan sanction to the borrowers by the plaintiff bank.
Reference:
Ext.A4
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants pertaining to the loan's working capital limits.
Reference:
Ext.A5
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Pronote executed by the 1st defendant in favor of the plaintiff for the loan amount.
Reference:
Ext.A6
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Take delivery letter to DPN executed by the 1st defendant.
Reference:
Ext.A7
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement executed by the defendants in favor of the plaintiff.
Reference:
Ext.A8
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Guarantee covering letter executed by the 2nd defendant.
Reference:
Ext.A9
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the defendants.
Reference:
Ext.A10
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the 1st defendant.
Reference:
Ext.A11
Document Type:
Acknowledgment of liability from the Guarantor
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability executed by the 2nd defendant.
Reference:
Ext.A11(a)
Document Type:
Application for Restructuring Facility
Submitted By:
Plaintiff
Relevance:
Application filed by the defendants seeking restructuring of the loan.
Reference:
Ext.A12
Document Type:
Restructuring Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Loan sanction letter related to the restructuring of the loan for the defendants.
Reference:
Ext.A13
Document Type:
Letter of Undertaking from the Borrowers
Submitted By:
Plaintiff
Relevance:
Letter of undertaking executed by the defendants for restructuring the loan.
Reference:
Ext.A14
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
New Pronote executed by the 1st defendant in favor of the plaintiff for the restructured loan.
Reference:
Ext.A15
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Delivery letter related to the new Pronote executed by the 1st defendant.
Reference:
Ext.A16
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts issued from Kerala Gramin Bank showing outstanding amounts.
Reference:
Ext.A17
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Recent statement of accounts issued from Kerala Gramin Bank showing outstanding amounts.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2024