Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, a Joint Liability Group, to recover an outstanding loan amount. Despite several demands and legal notices, the defendants failed to repay the loan, resulting in the case being heard and a judgment delivered.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.1,87,924/- along with 6% interest from the date of decree till realization and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants, having not appeared, were held liable for the debt.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and relevant documents.
The plaintiff established their case through uncontroverted testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted testimony and relevant documents.
The plaintiff established their case through uncontroverted testimony and relevant documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A8 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.1,87,924/- (Rupees One Lakh Eighty Seven Thousand Nine Hundred and Twenty Four only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by its Manager Athira Thankappan
- Party Role
- Defendant
- Party Name
- Kavuvilakam JLG
- Relation
- represented by its President /Secretary
- Party Role
- Defendant
- Party Name
- Geetha .T
- Party Age
- 41
- Relation
- W/o. Sivakumar
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 37
- Relation
- S/o. Rajappan
- Party Role
- Defendant
- Party Name
- Bindu
- Party Age
- 40
- Relation
- W/o. Aji
- Party Role
- Defendant
- Party Name
- Murugan. M
- Party Age
- 45
- Relation
- S/o. Maniyan
Plaintiffs Documents
Loan application, Pronote, Take delivery letter to DPN, Consent cum Guarantee Cum Hypothication Agreement for JLG Loans, Account statement, Legal Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S. Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover an amount of Rs.1,87,924/- from the defendants along with interest.
Evidence:
The suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.1,87,924/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application establishes the initial agreement for the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
The pronote serves as evidence for the acknowledgment of the loan amount by the defendants.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document confirms the delivery of the loan amount to the defendants.
Reference:
Ext.A3
Document Type:
Letter to consent cum Guarantee Cum Hypothication Agreement for JLG Loans
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms and conditions under which the loan was granted, including guarantees.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The account statement shows the outstanding amount due from the defendants.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the defendants for repayment of the loan highlights the plaintiff's attempts to recover the debt.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt serves as proof of sending the legal notice to the defendants.
Reference:
Ext.A7
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
The A/D card provides confirmation of delivery of the legal notice to the defendants.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Kavuvilakam JLG et al regarding the recovery of a loan amount.
Case Code Year
Case between Kerala Gramin Bank vs Kavuvilakam JLG et al regarding the recovery of a loan amount.