Case Summary
Kerala Gramin Bank has filed a suit against Jimjith Suresh and Suresh Babu for the realisation of an outstanding loan amount. The defendants took an educational loan and have failed to repay the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay an amount of 10,74,300/- with interest from the date of suit.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the claim for the amount due on the loan. The defendants are directed to pay the outstanding amount with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount, which the defendants did not effectively dispute.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount, which the defendants did not effectively dispute.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount, which the defendants did not effectively dispute.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount, which the defendants did not effectively dispute.
Supporting Evidence
The entire evidence adduced by the plaintiff shows that plaintiff is entitled to realise the amount claimed in the suit.
Judgment Evidence:
In the result, suit is decreed as follows: (a) Defendants are jointly and severally directed to pay an amount of 10,74,300/- with 9% interest from the date of suit, till the date of decree and thereafter, @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Jimjith Suresh
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Education loan agreement, supplemental education loan agreement, acknowledgment of debt documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Joby Thadathil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Anil Kumar Koroth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount along with interest.
Evidence:
I find that the plaintiff is entitled to realise the amount claimed in the plaint.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realise the cost of the suit.
Evidence:
Plaintiff is also entitled to realise the cost of the suit.
Documents & Evidence
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed between the plaintiff bank and defendants for the educational loan.
Reference:
Ext.A1
Document Type:
Supplemental educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Amended terms of the educational loan agreement.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the outstanding balance by the defendants.
Reference:
Ext.A4 to A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount in the loan account.
Reference:
Ext.A8
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies provided by witnesses regarding the loan and documents.
Reference:
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 Loan
Case Code
Case between Kerala Gramin Bank vs Jimjith Suresh et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Jimjith Suresh et al regarding realisation of money