Case Summary
Kerala Gramin Bank is suing Kuriachan P.J and Kunju A for failing to repay a loan. The loan, taken for agricultural purposes in 2011, has not been repaid as agreed, leading the bank to take legal action to recover the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹ 2,39,061/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the amount due. The defendants are required to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established entitlement to recover the loan amount based on the evidence presented.
The plaintiff established entitlement to recover the loan amount based on the evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
To substantiate the case of the plaintiff, the plaintiff/present bank manager himself filed proof affidavit in lieu of examination-in-chief and mounted the box as PW1. Hence of course, the plaintiff is entitled to recover the amount claimed in the plaint with interest.
Judgment Evidence:
In the result: a) The suit is decreed. The defendants do pay ₹ Rs. 2,39,061/- (Rupees Two Lakhs Thirty Nine Thousand and sixty one only) to the plaintiff with interest @ 12% per annum from the date of suit till the date of decree and thereafter the defendants do pay interest @ 6% per annum until the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kuriachan P.J
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunju A
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Original Application form of the Agriculture Loan, Memorandum of Agreement executed by the defendants, Letters of confirmation of balance and acknowledgment of debt, Lawyers Notice, Certified copy of the account statement in the name of 1st defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny Kuriakose Methippara
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.V Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jacob K Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.R Vinodkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of due amount from the defendants.
Evidence:
The suit is decreed. The defendants do pay ₹ Rs. 2,39,061/- (Rupees Two Lakhs Thirty Nine Thousand and sixty one only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 12% per annum and thereafter at 6% per annum until realization.
Evidence:
The defendants do pay interest @ 12% per annum from the date of suit till the date of decree and thereafter the defendants do pay interest @ 6% per annum upon until the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the suit.
Evidence:
The plaintiff is also entitled to get costs of the suit.
Documents & Evidence
Document Type:
Original Application form of the Agriculture Loan
Submitted By:
Plaintiff
Relevance:
Submitted by the first defendant for agricultural loan.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement executed by the defendants
Submitted By:
Plaintiff
Relevance:
Document outlining the loan repayment terms.
Reference:
Ext.A2
Document Type:
Letters of confirmation of balance and acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgments of the defendants' liabilities dated 07.10.2014 and 04.08.2017.
Reference:
Ext.A3 and Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants to repay the loan amount.
Reference:
Ext.A5
Document Type:
Postal registration receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending legal documents.
Reference:
Ext.A6 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment by defendants.
Reference:
Ext.A7 and A8
Document Type:
Certified copy of the account statement in the name of 1st defendant
Submitted By:
Plaintiff
Relevance:
Financial statement evidencing the amount due from the defendants.
Reference:
Ext.A9
Document Type:
Notification issued from the Ministry of Finance (Department of Finance Services)
Submitted By:
Plaintiff
Relevance:
Relevant government notification regarding financial services.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Kuriachan P.J et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Kuriachan P.J et al regarding realization of money.