Case Summary
The case involves KERALA GRAMIN BANK seeking to recover a loan amount from the defendants, who are the legal heirs of the deceased borrower, Thomas Chacko. The plaintiff claims that the defendants failed to repay the loan, which has devolved upon them after the borrower's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,35,205/- with future interest at 6% per annum from the date of suit
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest. The defendants were found liable to clear the debt incurred by the deceased.
Why Plaintiff Won:
The plaintiff proved the existence of the loan and the defaults by the defendants.
The plaintiff proved the existence of the loan and the defaults by the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established that the loan amount was sanctioned to the deceased Thomas Chacko and that the defendants failed to repay the amount after his death, making them liable as legal heirs.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff bank is entitled to realize an amount of Rs.1,35,205/- (Rupees One Lakh Thirty Five Thousand Two Hundred and Five only) with future interest at 6% per annum from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- ANNAKKUTTY
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- NISHA
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- JAMES TOMS
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Loan agreement dated 11.08.2015, Acknowledgment of Debt dated 30.10.2017 and 18.01.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sunny Kunnasseril
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. S. Vivek
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is entitled to realize an amount of Rs.1,35,205/- with future interest at 6%.
Evidence:
The suit is decreed with costs as follows: The plaintiff bank is entitled to realize an amount of Rs.1,35,205/- (Rupees One Lakh Thirty Five Thousand Two Hundred and Five only) with future interest at 6% per annum from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the loan agreement entered between the plaintiff bank and Sri. Thomas Chacko.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
These documents serve as acknowledgments of debt executed by Thomas Chacko in favor of the plaintiff bank.
Reference:
Ext.A2, Ext.A3
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
This document details the loan account of Thomas Chacko, reflecting transactions relevant to the loan.
Reference:
Ext.A4
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows the withdrawal signed by Thomas Chacko to withdraw Rs. 1,00,000/-.
Reference:
Ext.A5
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document documents payment made by Thomas Chacko to the bank.
Reference:
Ext.A6
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A7
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A8
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows the withdrawal signed by Thomas Chacko.
Reference:
Ext.A9
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document evidences another withdrawal by Thomas Chacko.
Reference:
Ext.A10
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A11
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows the withdrawal signed by Thomas Chacko.
Reference:
Ext.A12
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows a withdrawal by Thomas Chacko.
Reference:
Ext.A13
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A14
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A15
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A16
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows the withdrawal signed by Thomas Chacko.
Reference:
Ext.A17
Document Type:
Common Pay Slip
Submitted By:
Plaintiff
Relevance:
This document evidences payment made by Thomas Chacko to the bank.
Reference:
Ext.A18
Document Type:
Withdrawal Slip
Submitted By:
Plaintiff
Relevance:
This document shows a withdrawal by Thomas Chacko.
Reference:
Ext.A19
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This document shows the declaration for review of KCC Limits submitted by Thomas Chacko.
Reference:
Ext.A20
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a tax receipt issued to Thomas Chacko.
Reference:
Ext.A21
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document is a statement of account for Thomas Chacko.
Reference:
Ext.A22
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This document shows the declaration for review of KCC Limits submitted by Thomas Chacko.
Reference:
Ext.A23
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a tax receipt issued to Thomas Chacko.
Reference:
Ext.A24
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This document shows the declaration for review of KCC Limits submitted by Thomas Chacko.
Reference:
Ext.A25
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a tax receipt issued to Thomas Chacko.
Reference:
Ext.A26
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This document shows the declaration for review of KCC Limits submitted by Thomas Chacko.
Reference:
Ext.A27
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a tax receipt issued to Thomas Chacko.
Reference:
Ext.A28
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between KERALA GRAMIN BANK vs ANNAKKUTTY et al regarding realization of money
Case Code Year
Case between KERALA GRAMIN BANK vs ANNAKKUTTY et al regarding realization of money