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OS No. 60 /2019

Case between Kerala Gramin Bank vs C.J. George et al regarding realization of money

Court
COURT OF THE MUNSIFF AT KOLENCHERY
Judge
Smt.Sirsha N.A.
Order Date
2023-12-20
Duration
approximately-12 years 4 months 16 days
Case Closed
Wed, 12/20/2023 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kerala Gramin Bank, is suing the defendants for defaulting on a vehicle loan of ₹42,000. The first defendant failed to make payments despite acknowledging the loan liability.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest. The plaintiff is entitled to recover ₹28,614 plus interest.
Judgment Favored
Plaintiff
Relief Granted
Order to pay ₹28,614 plus interest
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest. The plaintiff is entitled to recover ₹28,614 plus interest.
Why Plaintiff Won:
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily proved the plaint claim. So a decree can be passed authorizing the plaintiff to recover the estimated plaint amount of ₹28,614.

Judgment Evidence:

In the result, suit is decreed directing the defendant to pay an amount of ₹28,614 plus 11% interest per annum from the date of the suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
Rep by its Branch Manager
Party Role
Defendant
Party Name
C.J. George
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Kuriachan P J
Party Age
60
Relation
S/o
Plaintiffs Documents
Loan Application, Memorandum of agreement, Letter of Confirmation of Balance, Acknowledgement of debt, Lawyer Notice, Postal receipts, Acknowledgement Card, Statement of Accounts, Notification issued from the Ministry of Finance, Attested copy of Power of Attorney
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Johny Kuriakose Methippara
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.R. Vinod Kumar & Jacob K.Abraham
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought to recover ₹28,614 along with interest.
Evidence:
A decree can be passed authorizing the plaintiff to recover the estimated plaint amount of ₹28,614...

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
This document pertains to the vehicle loan application made by the first defendant.
Reference:
Ext.A1
Document Type: Memorandum of Agreement
Submitted By: Plaintiff
Relevance:
This document is the memorandum that outlines the terms of the loan agreement.
Reference:
Ext.A2
Document Type: Letter of Confirmation of Balance
Submitted By: Plaintiff
Relevance:
This document confirms the outstanding balance owed by the first defendant.
Reference:
Ext.A3
Document Type: Acknowledgement of Debt
Submitted By: Plaintiff
Relevance:
This document shows that the first defendant acknowledged the debt on a specified date.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document served as a formal notice regarding the overdue payment of the loan.
Reference:
Ext.A5
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
These documents serve as evidence of communication attempts with the defendants.
Reference:
Ext.A6
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
This document tracks the receipts for communications sent to the defendants.
Reference:
Ext.A7
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
This document details the financial history and current outstanding amount.
Reference:
Ext.A9
Document Type: Notification from the Ministry of Finance
Submitted By: Plaintiff
Relevance:
This document is mentioned but its relevance is not specified in detail.
Reference:
Ext.A10
Document Type: Attested Copy of Power of Attorney
Submitted By: Plaintiff
Relevance:
This document gives authority for the bank to act on behalf of the plaintiff.
Reference:
Ext.A11
Document Type: Attested Copy of Power of Attorney
Submitted By: Plaintiff
Relevance:
Another copy of the Power of Attorney for the plaintiff's representation.
Reference:
Ext.A12

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs C.J. George et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs C.J. George et al regarding realization of money

Quick Facts

Location
Kolenchery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Thu, 08/04/2011 - 12:00
Case Closed
Wed, 12/20/2023 - 12:00
From
Sun, 01/01/2023 - 12:00
To
Sun, 12/31/2023 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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