Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, Jobit Daniel and Daniel Chacko, for the recovery of a loan amount. The loan was taken by the first defendant, with the second defendant acting as a guarantor; however, the loan was defaulted.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay 65,800/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff a sum of 65,800/- along with interest at a rate of 6% per annum until the amount is realized.
Why Plaintiff Won:
The evidence presented by the plaintiff established their case sufficiently, with no rebuttal from the defendants.
The evidence presented by the plaintiff established their case sufficiently, with no rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of 65,800/- (Rupees sixty five thousand eight hundred only) with interest thereon at the rate of 6% per annum for the principal amount of 55,000/- (Rupees fifty five thousand only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by Branch Manager
- Party Role
- Defendant
- Party Name
- Jobit Daniel
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Daniel Chacko
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Copy of Statement of Account, Loan Application, Agreement, Guarantee Agreement, Demand Promissory note, Take Delivery letter to DPN, Acknowledgment of Debt, Copy of Lawyers notice, Postal Receipt, Returned cover with Lawyers Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kuruvilla Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to pay an amount of 65,800/- to the plaintiff.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 65,800/- (Rupees sixty five thousand eight hundred only)...
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Document establishing the outstanding loan amount.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for the loan availed by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the loan taken by the first defendant.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee provided by the second defendant for the loan.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed for the loan amount.
Reference:
Ext.A5
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Delivery instructions related to the promissory note.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt obligation by the defendants.
Reference:
Ext.A7
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants for payment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming postal delivery of the legal notice.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Additional receipt for the delivery of legal notice.
Reference:
Ext.A9(a)
Document Type:
Returned cover with Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Returned mail confirming receipt issues with the legal notice.
Reference:
Ext.A10
Document Type:
Returned cover with Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Another returned mail related to the legal notice.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Jobit Daniel et al regarding Suit for realisation of money due
Case Code Year
Case between Kerala Gramin Bank vs Jobit Daniel et al regarding Suit for realisation of money due