Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants for the realization of a loan amount after the defendants defaulted on repayment. The defendants failed to repay the loan despite being notified by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 91,168.65 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the loan amount with interest from the defendants.
Why Plaintiff Won:
The evidence presented by the plaintiff established that the defendants were indebted to the bank.
The evidence presented by the plaintiff established that the defendants were indebted to the bank.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established that the defendants were indebted to the bank.
The evidence presented by the plaintiff established that the defendants were indebted to the bank.
Supporting Evidence
Here in this case, there is no challenge to the evidences of PW1. The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 91,168.65/- (Rupees Ninety One Thousand One Hundred and Sixty Eight and Sixty Five Paise only) with interest at the rate of 11% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Kunjayyappan
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela.A
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil Kumar. K
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 01/11/2018, Loan sanction communication dated 01/11/2018, Agreement for agricultural loans dated 01/11/2018, Acknowledgment of debt dated 22/03/2021, Demand notice dated 17/10/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nazrin. A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aadithya Lekshmi. P.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Niveditha. P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs. 91,168.65 from the defendants with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 91,168.65/- (Rupees Ninety One Thousand One Hundred and Sixty Eight and Sixty Five Paise only) from the defendants and their assets with interest thereon at the rate of 11% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Award of costs to the plaintiff.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the application for the agricultural credit loan taken by the defendants.
Reference:
Ext.A1
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the loan amount to the defendants.
Reference:
Ext.A2
Document Type:
Agreement for Agricultural Loans
Submitted By:
Plaintiff
Relevance:
Outlines the terms of agreement for the loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Demonstrates the acknowledgment by the defendants of their debt to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Details the demand made to the defendants for repayment of the loan amount.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Provides evidence of the demand notice being sent to the defendants.
Reference:
Ext.A6
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount owed by the defendants to the plaintiff bank.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Grants authority related to the collection of the debt.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Kunjayyappan et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Kunjayyappan et al regarding realization of money.