Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for the recovery of a loan amount sanctioned to their deceased father, Gopalan V.K. The loan was taken in 2014, and due to the default in repayment, the plaintiff seeks to recover the outstanding amount from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 1,06,011/- with interest at the rate of 6% per annum from the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case through evidence including loan documents and lack of rebuttal from defendants.
The plaintiff established its case through evidence including loan documents and lack of rebuttal from defendants.
Losing Side's Weaknesses:
The plaintiff established its case through evidence including loan documents and lack of rebuttal from defendants.
The plaintiff established its case through evidence including loan documents and lack of rebuttal from defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.It is ordered that the defendants to pay to the plaintiff the sum of 1,06,011/- (Rupees one lakh six thousand and eleven only) with interest thereon at the rate of 6% per annum for the principal amount of 25,000/- (Rupees twenty five thousand only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anitha V
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bijumon G
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajimon G
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Composite Hypothecation Agreement, Sanction Letter, Acknowledgment of Debt and Security, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C L Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dominic D Vallavassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- James K Peter
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to pay the plaintiff the outstanding loan amount with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 1,06,011/- (Rupees one lakh six thousand and eleven only) with interest thereon at the rate of 6% per annum.
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the plaintiff to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document establishing the request for the loan by the borrower.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document indicating the borrower's promise to repay the loan.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement setting the terms for securing the loan.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document confirming that the loan was sanctioned.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the borrower's debt.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document reaffirming the borrower's acknowledgment of the debt.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of the ongoing debt.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the details of the borrower's account and outstanding amount.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Anitha V et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Anitha V et al regarding realisation of money