Case Summary
The case involves Kerala Gramin Bank as the plaintiff and K.P.Velayudhan and others as defendants regarding a loan default. The defendants availed a loan and have failed to repay it, prompting the bank to seek a decree for the recovery of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize an amount of Rs. 58,144/- with interest @ 11% per annum and the costs of the suit.
Case Type
Original Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff for the recovery of a specified amount including interest. The defendants' absence led to an uncontested judgment in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff proved the case by providing credible evidence, which the defendants did not contest.
The plaintiff proved the case by providing credible evidence, which the defendants did not contest.
Losing Side's Weaknesses:
The plaintiff proved the case by providing credible evidence, which the defendants did not contest.
The plaintiff proved the case by providing credible evidence, which the defendants did not contest.
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. Since the defendants remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. Plaintiff is allowed to realize an amount of Rs. 58,144/- (Rupees Fifty Eight Thousand One Hundred and Forty Four only) with interest @ 11% per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- K.P.Velayudhan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P.Krishnan
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P.Surendran
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Loan application dated 25-03-2011, Memorandum of Agreement for Agricultural loans dated 25-3-2011, Acknowledgement of Debt and Security, Copy of the Lawyer Notice dated 18.08.2017, Copy of statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreekala.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize an amount of Rs. 58,144/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from the defendants at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The defendants applied for a loan of Rs.25,000/-.
Reference:
Ext.A1
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
This document details the agreement for the loan execution by the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the defendants' acknowledgment of the debt.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as additional acknowledgment of the debt.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding the loan.
Reference:
Ext.A5
Document Type:
Copy of statement of accounts showing the details of the loan transaction
Submitted By:
Plaintiff
Relevance:
This document indicates the outstanding amount due from the defendants.
Reference:
Ext.A6
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs K.P.Velayudhan et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs K.P.Velayudhan et al regarding realization of money