Case Summary
The Kerala Gramin Bank filed a suit against Jithin Raj. K. T. K and Rajan. K. T. K for recovery of an educational loan amounting to ₹7,93,892, with interest. The defendants defaulted on repayment, leading to the bank's action in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recover ₹7,93,892 with future interest @ 14.25% per annum from the date of suit till realization
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due with interest.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Supporting Evidence
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- JITHIN RAJ. K. T. K
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- RAJAN. K. T. K
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Education Loan Agreement, Statement of Account, Supplemental Education Loan Agreement, Acknowledgment of debt and security, Copy of Lawyer Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Raoof. V. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank's claim to recover the loan amount.
Evidence:
Hence, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of . ₹7,93,892/- (Rupees Seven Lakhs Ninety Three Thousand Eight Hundred and Ninety Two only) with future interest @ 14.25 % per annum, from the date of suit till the date of realization.
Relief Type:
Penal Interest
Outcome:
Rejected
Description:
Claim for penal interest at the rate of 2%.
Evidence:
The claim of penal interest of 2% is denied as it is against RBI Regulations.
Documents & Evidence
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the primary agreement for the educational loan obtained by the defendants.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
It provides the account details and status of the loan repayment by the defendants.
Reference:
Ext.A2
Document Type:
Supplemental Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
An additional agreement relating to the educational loan for the defendants.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Another agreement outlining the terms of the loan provided to the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the outstanding debt by the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Another acknowledgment confirming the debt by the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Continued acknowledgment of the debt by the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Ongoing confirmation of the debt by the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of the debt by the defendants.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice sent by the plaintiff’s advocate to the defendants regarding the loan.
Reference:
Ext.A10
Document Type:
Returned cover with acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document indicating the acknowledgment of the receipt of the notice.
Reference:
Ext.A11
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
A notification likely relevant to the case context.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between KERALA GRAMIN BANK vs JITHIN RAJ. K. T. K, RAJAN. K. T. K regarding realization of money
Case Code Year
Case between KERALA GRAMIN BANK vs JITHIN RAJ. K. T. K, RAJAN. K. T. K regarding realization of money