Case Summary
Kerala Gramin Bank is the plaintiff seeking to recover a loan amount from the defendants Santhosh kumar.K. and Janaki. The defendants defaulted on their loan repayment, leading the bank to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.40,756/- with interest at the rate of 14% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due from the defendants along with interest and suit costs.
Why Plaintiff Won:
The evidence presented by the plaintiff, which was unchallenged due to the defendants' absence, proved the plaintiff's case.
The evidence presented by the plaintiff, which was unchallenged due to the defendants' absence, proved the plaintiff's case.
Losing Side's Weaknesses:
The evidence presented by the plaintiff, which was unchallenged due to the defendants' absence, proved the plaintiff's case.
The evidence presented by the plaintiff, which was unchallenged due to the defendants' absence, proved the plaintiff's case.
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. Since the defendants remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. Plaintiff is entitled to realise an amount of Rs.40,756/- (Rupees Forty Thousand Seven Hundred and Fifty Six only), with interest at the rate of 14% per annum from the date of suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Santhosh kumar.K.
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Janaki
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Loan application dated 27-03-2014, Demand Promissory Note dated 27-03-2014, Take Delivery Letter to Demand Promissory Note dated 27-03-2014, Hypothecation Deed Regarding Composite & Integrated Loan for Non Farm Sector Activities dated 27-03-2014, Acknowledgement of Debt and Security dated 6-1-2017, Copy of the statement of accounts showing the details of the loan transaction.
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
- Party Role
- Plaintiff
- Advocate Name
- Smt. Femya.T.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due from the defendants.
Evidence:
I.find.no.reason.to.disbelieve.PW.1.Therefore,I.am.satisfied.that.the.plaintiff.has.proved.his.case.by.adducing.cogent.and.reliable.evidence.Hence.the.plaintiff.is.entitled.to.a.decree.as.prayed.for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiff.is.entitled.to.realize.costs.of.the.suit.from.the.defendant.at.confessional.scale
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document shows that the defendants applied for a loan.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendants for the loan amount.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document confirms the take delivery of the promissory note by the defendants.
Reference:
Ext.A3
Document Type:
Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the hypothecation related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt owed by the defendants.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document details the loan transaction and the outstanding amount.
Reference:
Ext.A6
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
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Santhosh kumar.K. et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Santhosh kumar.K. et al regarding realization of money