Case Summary
Kerala Gramin Bank filed a suit against Shiji Murukadas and Thankamma Thankappan for the realization of a loan amount. The defendants defaulted on their repayment obligations despite executing necessary security documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize the plaint claim of Rs. 1,47,616/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to realize the claimed amount from the defendants. The evidence provided by the plaintiff was unchallenged, confirming the defendants' liability.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved the defendants' liability to repay the loan.
The unchallenged evidence of the plaintiff proved the defendants' liability to repay the loan.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proved the defendants' liability to repay the loan.
The unchallenged evidence of the plaintiff proved the defendants' liability to repay the loan.
Supporting Evidence
The evidence tendered by PW1 and the documents produced and marked as Ext.A1 to A14 stands unchallenged. From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise the plaint claim of Rs. 1,47,616/- from the defendants with 12% interest per annum from the date of the suit till the date of decree and with future interest of @ 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Shiji Murukadas
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thankamma Thankappan
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Loan Application, Loan sanction communication letter, Details of Guarantor and consent, Guarantee Agreement, Guarantee covering letter, Agreement for MSME working capital limits-CC&OD.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.U. Devassykutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabu P. Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the plaint claim of Rs. 1,47,616/- from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise the plaint claim of Rs. 1,47,616/- from the defendants with 12% interest per annum from the date of the suit till the date of decree and with future interest of @ 6% per annum till realisation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant as a request for a loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document confirming the sanction of the loan.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Details of guarantor and consent.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd defendant to guarantee the loan.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Supplemental document for the guarantee.
Reference:
Ext.A5
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Document detailing the working capital agreement.
Reference:
Ext.A6
Document Type:
Pro-note
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant for the loan.
Reference:
Ext.A7
Document Type:
Delivery letter to DPN
Submitted By:
Plaintiff
Relevance:
Document confirming delivery of the demand promissory note.
Reference:
Ext.A8
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the 1st defendant regarding repayment.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending legal notices.
Reference:
Ext.A10
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of legal notice.
Reference:
Ext.A11
Document Type:
Unclaimed cover with postal A/d card
Submitted By:
Plaintiff
Relevance:
Document related to legal notices sent.
Reference:
Ext.A12
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Account statement showing dues from 07/10/16 to 21/08/19.
Reference:
Ext.A13
Document Type:
Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document granting authority to act on behalf of the plaintiff.
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2019