Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit for the recovery of a loan amount from the defendants, Pamila.V.S. and V.P.Surendran, who defaulted on their educational loan payments. The defendants did not appear in court, leading to an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,77,354/- with interest at 6% per annum from the date of suit till realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due along with interest. The defendants' absence led to an uncontested outcome.
Why Plaintiff Won:
The plaintiff proved their case by adducement of cogent and reliable evidence despite the defendants failing to appear.
The plaintiff proved their case by adducement of cogent and reliable evidence despite the defendants failing to appear.
Losing Side's Weaknesses:
The plaintiff proved their case by adducement of cogent and reliable evidence despite the defendants failing to appear.
The plaintiff proved their case by adducement of cogent and reliable evidence despite the defendants failing to appear.
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. Since the defendants remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed as follows; I. Plaintiff is entitled to realise an amount of Rs.1,77,354/- (Rupees One Lakh Seventy Seven Thousand Three Hundred and Fifty Four), with interest at the rate of 6% per annum from the date of suit till realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Pamila.V.S.
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- V.P.Surendran
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Loan application dated 4-2-2009, Educational Loan Agreement dated 30-03-2009, Acknowledgement of Debt and Security dated 12-12-2011, Acknowledgement of Debt and Security dated 27.08.2014, Acknowledgement of Debt and Security dated 08.11.2016, Lawyer notice dated 11-5-2017, Copy of statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreekala.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.1,77,354/- with interest.
Evidence:
the suit is decreed as follows; I. Plaintiff is entitled to realise an amount of Rs.1,77,354/-...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
II. Plaintiff is entitled to realise costs of the suit from the defendant at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document demonstrates the loan application submitted by Defendant No. 1.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed by the defendants for the loan amount.
Reference:
Ext.A2
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Shows the defendants' acknowledgment of the debt.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of debt by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Third acknowledgment of debt by the defendants.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff bank to the defendants regarding the debt.
Reference:
Ext.A6
Document Type:
Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details of the loan transaction showing the outstanding amount.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Pamila.V.S. et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Pamila.V.S. et al regarding realization of money