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OS No. 34/2020

Case between Kerala Gramin Bank vs Kuriachan P.J et al regarding realization of money.

Court
COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-11-05
Duration
approximately-4 years 0 days
Case Closed
Tue, 11/05/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Wed, 01/01/2020 - 12:00
Case Closed
Tue, 11/05/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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