Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from the defendants, Pradeep. R and Shyna, who failed to repay the loan. The defendants were found jointly and severally liable for the loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹50,880 with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the due amount of ₹50,880 with interest. The plaintiff was also entitled to recover the costs of the suit.
Why Plaintiff Won:
The evidence produced by the plaintiff demonstrated that the defendants had defaulted on the repayment of the loan amount.
The evidence produced by the plaintiff demonstrated that the defendants had defaulted on the repayment of the loan amount.
Losing Side's Weaknesses:
The evidence produced by the plaintiff demonstrated that the defendants had defaulted on the repayment of the loan amount.
The evidence produced by the plaintiff demonstrated that the defendants had defaulted on the repayment of the loan amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹50,880/- is due in respect of the loan from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹50,880/- (Rupees Fifty Thousand and Eight Hundred and Eighty Only) with 6% interest from the date of the suit till the date of realization, from the defendants 1 and 2 and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Pradeep. R
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyna
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Original loan application, Original agreement for MSME Working Capital Limits, Original acknowledgment of debt and security, Original demand promissory note, Statement of account, Original request for overdraft facilities, Original loan sanction communication.
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:
The plaintiff is entitled to realize an amount of ₹50,880/- with 6% interest from the date of the suit till the date of realization, from the defendants 1 and 2 and their assets.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹50,880/- (Rupees Fifty Thousand and Eight Hundred and Eighty Only) with 6% interest from the date of the suit till the date of realization, from the defendants 1 and 2 and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants 1 and 2 and their assets.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to realize the costs of this suit from the defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The original loan application dated 30/10/2019 for ₹1,00,000/- signed by the 1st defendant.
Reference:
Ext.A1
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
The original agreement for MSME Working Capital Limits dated 30/10/2019 signed by the 1st defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
The original acknowledgment of debt and security executed by the borrower/co-obligant dated 21/01/2022.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The original demand promissory note dated 30/10/2019 signed by defendants 1 and 2.
Reference:
Ext.A4
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
The original take delivery letter to the DPN dated 30/10/2019.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account for the period from 30/10/2019 to 31/12/2024.
Reference:
Ext.A6
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
The original request for overdraft facilities dated 30/10/2019.
Reference:
Ext.A7
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
The original loan sanction communication to the borrowers/co-obligants/guarantors issued by the plaintiff to the 1st defendant.
Reference:
Ext.A8
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
OS.NO.
Case Code Year
2025