Commercial Suit No. 76/2022

Case between Kerala Gramin Bank vs Midhun Velayudhan et al regarding realization of money.

Court

COURT OF THE JUDGE, COMMERCIAL COURT - KOYILANDY

Judge

Smt.Priyanka S.

Order Date

2025-12-12

Duration

approximately-3 years 2 months

Case Closed

Fri, 12/12/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiff, Kerala Gramin Bank, is seeking the repayment of a loan obtained by the defendants for educational purposes. The amount due from the defendants has accumulated interest, leading to a total liability of Rs. 4,73,176/-.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiff, ordering the defendants to pay Rs. 4,73,176/- along with interest from the date of the suit until realization. The court allowed costs associated with the suit to be realized from the defendants.

Judgment Favored

Plaintiff

Relief Granted

The defendants are directed to pay an amount of Rs. 4,73,176/- with interest.

Case Type

Commercial Suit

Final Judgment

Why Plaintiff Won:
The evidence from the plaintiff's testimony and documents was unchallenged and established the claim for repayment.

Losing Side's Weaknesses:
The evidence from the plaintiff's testimony and documents was unchallenged and established the claim for repayment.

Supporting Evidence

The evidence adduced by plaintiff stands unchallenged. From the unrebutted testimony of PW1 coupled with Exts. A1 to A7, it is found that the plaint claim stands proved and the plaintiff is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: 1) The defendants are directed to pay to the plaintiff, an amount of Rs. 4,73,176/- (Rupees four lakhs seventy three thousand one hundred and seventy six only) with interest at the rate of 14.25% per annum from the date of institution of the suit till the date of decree.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kerala Gramin Bank
Relation: Represented by

Party Role: Defendant
Party Name: Midhun Velayudhan
Party Age: 30
Relation: S/o

Party Role: Defendant
Party Name: Velayudhan
Party Age: 59
Relation: S/o

Party Role: Defendant
Party Name: Vilasini
Party Age: 53
Relation: W/o Late

Party Role: Defendant
Party Name: Midhu Velayudhan
Relation: D/o

Plaintiffs Documents

Education Loan Agreement dated 27.10.2011, Acknowledgment of Debt dated 10.12.2013, Acknowledgment of Debt dated 24.08.2016, Acknowledgment of Debt dated 02.07.2019, Statement of Account from 27.10.2011 to 27.01.2022.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.P.P. Sasidharan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Smt. Biji. K.P
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Sankaran Elattery
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendants are directed to pay to the plaintiff an amount of Rs.4,73,176/- with interest.

Evidence:

the defendants are directed to pay to the plaintiff, an amount of Rs.4,73,176/- with interest at the rate of 14.25% per annum from the date of institution of the suit till the date of decree

Relief Type: Recovery

Outcome: Granted

Description:

The plaintiff is entitled to realize costs of the suit from the defendants and their assets.

Evidence:

the plaintiff is entitled to realize costs of the suit from the defendants and their assets.

Documents & Evidence

Document Type: Education Loan Agreement

Submitted By: Plaintiff

Relevance:

Executed by defendants on 27.10.2011 as an agreement for the educational loan.

Reference:

Ext.A1