Case Summary
Kerala Gramin Bank has filed a suit against Diya Francis and Francis for the realization of a loan amount that was not repaid. The case revolves around the educational loan taken by Diya Francis and the subsequent defaults in repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.4,44,163/- to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realization.
Case Type
Commercial Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the overdue amount along with interest. The plaintiff is entitled to recover the amount claimed in the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that the defendants had defaulted on the repayment of a loan, as agreed in the loan agreement.
The plaintiff provided sufficient evidence that the defendants had defaulted on the repayment of a loan, as agreed in the loan agreement.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that the defendants had defaulted on the repayment of a loan, as agreed in the loan agreement.
The plaintiff provided sufficient evidence that the defendants had defaulted on the repayment of a loan, as agreed in the loan agreement.
Supporting Evidence
The oral testimony of PW1 along with Exts.A1 to A7 documents sufficiently prove that the defendants are liable to pay an amount of Rs.4,44,163/-.
Judgment Evidence:
In the result, suit is decreed as follows: 1. Defendants are directed to pay an amount of Rs.4,44,163/- to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Diya Francis
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Francis
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Loan application dated 29/10/2012, Educational loan agreement dated 26/07/2013, lawyer notice dated 28/04/2021, acknowledgments of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sibin. V. Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Dhanya.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. M.K. Geethu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay an amount of Rs.4,44,163/- to the plaintiff.
Evidence:
In the result, suit is decreed as follows: Defendants are directed to pay an amount of Rs.4,44,163/- (Rupees four lakh forty four thousand one hundred and sixty three only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Ext.A1 is a loan application dated 29/10/2012 filed before the plaintiff bank by the defendants, containing the signatures of both defendants.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the education loan agreement executed between the plaintiff and the defendants, confirming the loan sanction of Rs.2,50,000/-.
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is a lawyer notice sent by the plaintiff bank to the defendants directing them to pay an outstanding amount of Rs.3,84,494/- as loan amount and its interest.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Ext.A4 acknowledges the outstanding liability of Rs.2,29,458/- towards the plaintiff bank as on 25/07/2015.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Ext.A5 acknowledges the outstanding liability for Rs.3,56,325/- towards the plaintiff bank as on 08/11/2017.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Ext.A6 acknowledges the liability for Rs.3,54,879/- to the plaintiff bank as on 28/02/2020.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Ext.A7 account statement sufficiently proves that the defendants are liable to pay an amount of Rs.4,44,163/- towards the plaintiff bank.
Reference:
Ext.A7
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Diya Francis et al regarding realization of loan amount.
Case Code Year
Case between Kerala Gramin Bank vs Diya Francis et al regarding realization of loan amount.