Case Summary
Kerala Gramin Bank filed a suit against Shiju for the recovery of a loan amount due to default in repayment. Defendant remained ex parte, and the court decreed in favor of the plaintiff, allowing the recovery of the loan amount and costs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of loan amount with interest and costs
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. The plaintiff has proved its case by the oral evidence and documents produced in this case.
Judgment Evidence:
So, the plaintiff is entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Shiju
- Party Age
- 26
- Relation
- S/o. Thami
Plaintiffs Documents
Loan application, Deed of Hypothecation, Acknowledgment of Debt and Security, Lawyer Notice, Statement of Accounts
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. K.Sreekila
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recovery of loan amount along with interest and costs
Evidence:
The court decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest and costs from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit from the defendant.
Evidence:
The court decreed in favor of the plaintiff, allowing the recovery of the costs from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Defendant's loan application for purchasing an auto rickshaw
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document executing the hypothecation of the purchased vehicle
Reference:
Ext.A2
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Defendant's acknowledgment of the debt and security
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 17-08-2013 sent to the defendant
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Account statement showing the due amount from the defendant
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Failure to repay the loan amount
Case Code
Case between Kerala Gramin Bank vs Shiju regarding loan recovery
Case Code Year
Case between Kerala Gramin Bank vs Shiju regarding loan recovery