Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover an amount of Rs.3,16,822.08 from the defendants due to default in repayment of an education loan. The defendants have not made any payments despite acknowledging the debt several times.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,16,822.08 with interest at the rate of 14.25% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's suit is decreed, and they are entitled to recover an amount of Rs.3,16,822.08 with interest from the defendants.
Why Plaintiff Won:
The plaintiff proved the defendants' indebtedness through evidence and documentation.
The plaintiff proved the defendants' indebtedness through evidence and documentation.
Losing Side's Weaknesses:
The plaintiff proved the defendants' indebtedness through evidence and documentation.
The plaintiff proved the defendants' indebtedness through evidence and documentation.
Supporting Evidence
The evidence of PW1 coupled with Exts. A1 to A9 documents were marked from the side of plaintiff. The oral and documentary evidence adduced from the side of plaintiff bank clearly establishes that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.3,16,822.08 with interest at the rate of 14.25% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realization, with costs from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Arya.A.
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P.Mohanan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 16/11/2015, Loan Sanction Communication dated 13/01/2016, Agreement for Educational Loans dated 13/01/2016, Acknowledgment of Debt dated 20/10/2017, Acknowledgment of Debt dated 13/03/2020, Acknowledgment of Debt dated 11/01/2023, Demand Notice dated 07/03/2024, Postal Receipt dated 07/03/2024, Statement of Accounts dated 20/10/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Niveditha.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,16,822.08 from the defendants.
Evidence:
The plaintiff is entitled to get a decree of realization of an amount of Rs.3,16,822.08/- (Rupees Three Lakh Sixteen Thousand Eight Hundred and Twenty Two and Eight Paise only) from the defendants and their assets with interest thereon at the rate of 14.25% per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the application submitted by the defendants for availing education loan.
Reference:
Ext.A1
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the education loan to the defendants.
Reference:
Ext.A2
Document Type:
Agreement for Educational Loans
Submitted By:
Plaintiff
Relevance:
Details the agreement executed by the defendants agreeing to repay the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Establishes the defendants' acknowledgment of their debt to the plaintiff bank.
Reference:
Ext.A4, Ext.A5, Ext.A6
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Serves as proof that a legal notice was sent to the defendants regarding their outstanding debt.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the dispatch of the demand notice.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance due from the defendants to the plaintiff bank.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Arya.A. regarding Realisation of Money
Case Code Year
Case between Kerala Gramin Bank vs Arya.A. regarding Realisation of Money