Case Summary
The Kerala Gramin Bank is suing Fredi and Job, the legal heirs of the deceased Smt.Carmel.A, for recovery of a loan amount. The defendants have failed to repay the loan despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹62,020/- with 6% interest from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court found that the defendants are liable to repay the outstanding loan amount to the plaintiff. The suit is decreed in favor of the plaintiff.
Why Plaintiff Won:
The evidence established that the defendants defaulted in repayment of the loan as legal heirs of the deceased borrower.
The evidence established that the defendants defaulted in repayment of the loan as legal heirs of the deceased borrower.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹62,020/- remains due in respect of the loan sanctioned by the plaintiff bank to the late Smt.Carmel.A. Considering the evidence and documents before this court, it is clear that the defendants are liable to pay the outstanding amount to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹62,020/- (Rupees Sixty-Two Thousand and Twenty only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager, Libin B. Thomas
- Party Role
- Defendant
- Party Name
- Fredi
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Job
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 13/11/2015, Original demand promissory note dated 13/11/2015, Original acknowledgment of debt signed by Smt.Carmel.A.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri R. Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K. Siraj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. P.S. Aswathy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of ₹62,020/- along with interest.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹62,020/- (Rupees Sixty-Two Thousand and Twenty only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
(b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document is the original application for the loan amount sanctioned to Smt. Carmel.A.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note is signed by Smt. Carmel.A as evidence of her obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Original Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This letter relates to the loan sanctioned to Smt. Carmel.A.
Reference:
Ext.A3
Document Type:
Original Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This request pertains to the financial arrangements made by Smt. Carmel.A with the bank.
Reference:
Ext.A4
Document Type:
Original agreement for MSME Working Capital Limits – CC & OD
Submitted By:
Plaintiff
Relevance:
This agreement establishes the terms for the working capital limits provided to Smt. Carmel.A.
Reference:
Ext.A5
Document Type:
Original Acknowledgment of debt and security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document includes multiple acknowledgments confirming debt from Smt. Carmel.A, establishing her liability.
Reference:
Ext.A6
Document Type:
Original applications for MSE CC/OD renewal
Submitted By:
Plaintiff
Relevance:
These applications request renewals for the credit facilities previously extended to Smt. Carmel.A.
Reference:
Ext.A7
Document Type:
Original letter to be obtained from the borrower whenever a significant change in the signature is noticed
Submitted By:
Plaintiff
Relevance:
This letter relates to borrower identification and signature changes.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement shows the financial records indicating an outstanding amount due from the defendants.
Reference:
Ext.A9
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice indicates the lawyer's communication regarding the loan repayment.
Reference:
Ext.A10
Document Type:
Original Loan Sanction Communication to Borrowers/Co-obligants/Guarantors
Submitted By:
Plaintiff
Relevance:
This document officially communicates the loan sanction to Smt. Carmel.A and relevant parties.
Reference:
Ext.A11
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
OS.NO.
Case Code Year
2025