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OS. No.1638/2022

Case between Kerala Gramin Bank vs Megha JLG Vizhinjam Unit et al regarding realisation of money.

Court
Additional Munsiff-III
Judge
Smt.Sreelakshmi.C
Order Date
2025-06-25
Duration
approximately-8 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Kerala Gramin Bank, filed a suit against Megha JLG Vizhinjam Unit and its members for the recovery of a loan amount. The defendants failed to repay the loan and were set ex parte, leading to a judgment in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants were determined to have defaulted on their repayment obligations.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,35,141/- from the defendants and their assets, with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants were determined to have defaulted on their repayment obligations.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged due to the defendants being set ex parte.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged due to the defendants being set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.

Judgment Evidence:

In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,35,141/- from the defendants and their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kerala Gramin Bank
Relation
represented by its Branch Manager Nijin.S.R
Party Role
Defendant
Party Name
Megha JLG Vizhinjam Unit
Relation
represented by its President Mery Stella
Party Role
Defendant
Party Name
Mery Stella
Party Age
40
Relation
W/o Sebastian
Party Role
Defendant
Party Name
Margret R
Party Age
35
Relation
D/o Denson Fernanrd
Party Role
Defendant
Party Name
Stella. R
Party Age
51
Relation
W/o Rockiyas
Party Role
Defendant
Party Name
Shyja. R
Party Age
33
Relation
W/o Antony
Plaintiffs Documents
A102/12/2016 Loan application, A202/12/2016 Pronote, A302/12/2016 Take delivery letter to DPN, A402/12/2016 Statement of Account, A5 02/12/2016 Inter-se-agreement, A6 02/12/2016 Letter of consent cum guarantee cum Hypothecation agreement for JLG loans.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Smt.Gayathri.R.Krishnan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Kanjiramattom T.K.Siraj
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is allowed to realise ₹1,35,141/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,35,141/- with interest at the rate of 15% per annum with monthly rests from the date of suit till date of decree.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is allowed to realise interest at the rate of 15% per annum with monthly rests from 31/10/2022 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 15% per annum with monthly rests from 31/10/2022 till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The loan application submitted by the defendants dated 02/12/2016.
Reference:
Ext.A1
Document Type: Pronote
Submitted By: Plaintiff
Relevance:
The pronote dated 02/12/2016 executed by the defendants.
Reference:
Ext.A2
Document Type: Take Delivery Letter to DPN
Submitted By: Plaintiff
Relevance:
The take delivery letter to DPN dated 02/12/2016.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
The statement of account from 02/12/2016 to 02/10/2022.
Reference:
Ext.A4
Document Type: Inter-se Agreement
Submitted By: Plaintiff
Relevance:
The inter-se agreement to be executed by the members of the joint liability group for all JLG loans dated 02/12/2016.
Reference:
Ext.A5
Document Type: Letter of consent cum guarantee cum hypothecation agreement for JLG loans
Submitted By: Plaintiff
Relevance:
The letter of consent cum guarantee cum hypothecation agreement for JLG loans dated 02/12/2016.
Reference:
Ext.A6
Document Type: Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By: Plaintiff
Relevance:
The acknowledgment of debt and security of borrower/co-obligant dated 18/11/2019.
Reference:
Ext.A7
Document Type: Lawyer’s Notice
Submitted By: Plaintiff
Relevance:
The lawyer's notice dated 17/06/2022 issued to the defendants.
Reference:
Ext.A8
Document Type: Original postal acknowledgment cards
Submitted By: Plaintiff
Relevance:
The original of postal acknowledgment cards.
Reference:
Ext.A9 series
Document Type: Original returned registered notices
Submitted By: Plaintiff
Relevance:
The original returned registered notices.
Reference:
Ext.A10 series

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 Megha JLG Vizhinjam Unit et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Megha JLG Vizhinjam Unit et al regarding realisation of money.

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Fri, 12/02/2016 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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