Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendant, Jayakumar P.N., for recovery of a loan amount of Rs.1,00,000 due to non-payment. The defendant failed to appear in court, leading to the suit being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,27,512 along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay a total amount of Rs.1,27,512 along with interest and the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff sufficiently established the defendant's liability to repay the loan.
The evidence presented by the plaintiff sufficiently established the defendant's liability to repay the loan.
Losing Side's Weaknesses:
The evidence presented by the plaintiff sufficiently established the defendant's liability to repay the loan.
The evidence presented by the plaintiff sufficiently established the defendant's liability to repay the loan.
Supporting Evidence
The documents produced by the plaintiff demonstrated the defendant's commitment to repay the loan amount, which the defendant could not rebut.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize Rs.1,27,512/- (Rupees one lakh twenty seven thousand five hundred and twelve only) as on the date of suit with 11 % interest per annum on Rs.1,00,000/- (Rupees one lakh only) from the date of suit till the date of decree and 6% interest per annum on Rs.1,00,000/- (Rupees one lakh only) from the date of decree till realization of the amount, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Jayakumar P.N.
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Loan application dated 12.03.2021, Loan sanction communication, Memorandum of Agreement, Copy of Lawyers Notice, Postal receipt, Acknowledgment card, Copy of loan account ledger.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy K. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.A. Muhammed Shameer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,27,512/- from the defendant.
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of money.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the request for a loan by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Document confirming the sanction of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan agreement.
Reference:
Ext.A3
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Document serving legal notice to the defendant regarding loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document providing proof of sending the legal notice.
Reference:
Ext.A5
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Document confirming the acknowledgment of the legal notice.
Reference:
Ext.A6
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Document showing the transaction history of the defendant's loan account.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2023