Case Summary
The plaintiffs are Kerala Gramin Bank, represented by its Branch Manager, seeking to recover a loan amount from the defendants, who defaulted on repayment. The case involves a loan sanctioned for the first defendant's educational course.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,05,279.65/- together with interest at the rate of 6 % per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest. The court found that the defendants had willfully defaulted on repayment.
Why Plaintiff Won:
The plaintiff succeeded as they produced evidence showing the defendants' liability and defaults in repayment.
The plaintiff succeeded as they produced evidence showing the defendants' liability and defaults in repayment.
Losing Side's Weaknesses:
The plaintiff succeeded as they produced evidence showing the defendants' liability and defaults in repayment.
The plaintiff succeeded as they produced evidence showing the defendants' liability and defaults in repayment.
Supporting Evidence
The plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff. The suit is filed within the limitation period also.
Judgment Evidence:
In the result, suit is decreed as follows:- The plaintiff is entitled to realise an amount of Rs.3,05,279.65/- together with interest at the rate of 6 % per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Rakhi Thampi
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thampi K
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Graity Thampi
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Gazette publication, Loan application dated 11/01/2014, Sanction letter dated 30/01/2014, General Agreement dated 17/05/2014, Acknowledgment of debt dated 13/03/2019 and 16/02/2022, Demand notice dated 11/02/2025, Postal receipt dated 11/02/2025, Statement of account for the period from 17/05/2014 to 05/02/2025, Special power of attorney dated 07/11/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding dues with interest.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.3,05,279.65/- together with interest at the rate of 6 % per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Documents & Evidence
Document Type:
Gazette Publication
Submitted By:
Plaintiff
Relevance:
This document was produced to support the plaintiff's case.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This application was submitted to secure the educational loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter indicates the approval of the loan amount.
Reference:
Ext.A3
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the loan repayment.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
These documents confirm the defendants' acknowledgment of their debt.
Reference:
Ext.A5 and A6
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to remind the defendants of their repayment obligations.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the demand notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides details on the loan transactions.
Reference:
Ext.A9
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document gives authority to the representative of the plaintiff bank.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Rakhi Thampi et al regarding realization of money.
Case Code Year
Case between Kerala Gramin Bank vs Rakhi Thampi et al regarding realization of money.