Case Summary
The plaintiff, Kerala Gramin Bank, filed a suit against the defendants, Shameer P.S. and V.P. Biju, for the recovery of a loan amount. The defendants failed to repay the loan despite several demands, leading to the court's decision to proceed ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.2,95,334/- and interest as stated.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The defendants could not rebut the evidence produced by the plaintiff bank which showed their liability to repay the loan.
The defendants could not rebut the evidence produced by the plaintiff bank which showed their liability to repay the loan.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The documents are sufficient to show the liability of the defendants towards the plaintiff bank and the commitment to repay the loan amount.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize Rs.2,95,334/- (Rupees two lakhs ninety five thousand three hundred and thirty four only) as on the date of suit, 13.5 % interest per annum on Rs.1,00,000/- (Rupees one lakh only) from the date of suit till the date of decree and 6% interest per annum on Rs.1,00,000/- (Rupees one lakh only) from the date of decree till realization of the amount, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Plaintiff
- Party Name
- Vysanth Prasad K.R.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shameer P.S.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.P. Biju
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
A1 28.10.2015 Agreement for MSME working capital limits CC & OD, A2 28.10.2015 Pronote, A3 31.07.2018 Acknowledgment of debt, A4 07.08.2020 Acknowledgment of debt, A5 07.10.2020 Acknowledgment of debt, A6 19.05.2023 Legal notice, A7 Statement of Account.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Samsan Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the loan amount along with interest.
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of money.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement executed by the defendants.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document supporting the promise to repay the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents indicating the defendants' acknowledgment of their debt.
Reference:
Ext.A3 to A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document evidencing the legal notice sent to the defendants regarding the loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document detailing the financial transactions and amounts owed by the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of Loan
Case Code
O.S
Case Code Year
2023