Case Summary
The plaintiff is Kerala Gramin Bank seeking to recover loan amount from the defendant, Josbish Kurian. The defendant availed a loan but failed to repay despite multiple notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,03,837/- along with interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the loan amount with interest.
Why Plaintiff Won:
The plaintiff presented sufficient evidence of the loan agreement and the defendant's failure to repay.
The plaintiff presented sufficient evidence of the loan agreement and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff presented sufficient evidence of the loan agreement and the defendant's failure to repay.
The plaintiff presented sufficient evidence of the loan agreement and the defendant's failure to repay.
Supporting Evidence
These documents are sufficient to show the liability of the defendant towards plaintiff bank and the commitment to repay the loan amount.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize Rs.2,03,837/- (Rupees Two Lakhs Three Thousand Eight Hundred and Thirty Seven only) as on the date of suit...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Josbish Kurian
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Loan application dated 09.11.2020, Memorandum of Agreement for Agricultural Loan, office copy of lawyer’s notice, postal receipt, unserved returned notice, certified 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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.2,03,837/- from the defendant along with interest.
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of money.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
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:
This document shows the application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the loan agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Office Copy of Notice
Submitted By:
Plaintiff
Relevance:
This document indicates that the plaintiff had issued a legal notice to the defendant demanding repayment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of postage for the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document shows that the legal notice sent to the defendant was returned unserved.
Reference:
Ext.A5
Document Type:
Certified copy of loan account ledger
Submitted By:
Plaintiff
Relevance:
This document contains the details of the loan account held by the defendant with the plaintiff.
Reference:
Ext.A6
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