Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for recovery of a term loan amount of Rs. 3,19,121 due to breach of contract. The defendants failed to appear in court despite proper service of summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,19,121 with interest at the rate of 09.00% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The defendants are jointly and severally liable for repayment.
Why Plaintiff Won:
The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed off a loan facility from the plaintiff Bank and that an amount of Rs.3,19,121 is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,19,121 with interest at the rate of 09.00% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ashtami karshaka Sangham JLG
- Party Age
- 27
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Hameeda. A
- Party Age
- 27
- Relation
- W/o Mujeeb
- Party Role
- Defendant
- Party Name
- Shamna Shafeek
- Party Age
- 31
- Relation
- W/o Shafeek
- Party Role
- Defendant
- Party Name
- Sajeena. N
- Party Age
- 26
- Relation
- W/o Najeebudeen
- Party Role
- Defendant
- Party Name
- Najeebudheen A
- Party Age
- 36
- Relation
- S/o Shahul Hameed
Plaintiffs Documents
Original Loan application form, Promissory Note, Take Delivery letter to DPN, Statement of account, Inter-se Agreement, Original letter of consent cum Guarantee cum Hypothecation Agreement, Acknowledgment of Debt and Security of Borrower, Copy of Legal Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri .R.krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount with interest.
Evidence:
The suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,19,121/- (Rupees Three lakhs nineteen thousand one hundred and twenty one only) with interest at the rate of 09.00% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form dated 07/03/2017 submitted by the defendants.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note signed by the defendants.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Take delivery letter to DPN signed by the defendants two and three.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract of the statement of account maintained by the plaintiff bank in the name of first defendant.
Reference:
Ext.A4
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original of Inter-se Agreement signed by the defendants two to five.
Reference:
Ext.A5
Document Type:
Consent cum Guarantee cum Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original letter of consent cum guarantee cum hypothecation agreement for JLG loans signed by the defendants two and three.
Reference:
Ext.A6
Document Type:
Acknowledgment of debt and security of borrower
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt and security of borrower/co-obligant.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 17/03/2022 sent to the defendants.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Ashtami karshaka Sangham JLG et al regarding recovery of money
Case Code Year
Case between Kerala Gramin Bank vs Ashtami karshaka Sangham JLG et al regarding recovery of money