Case Summary
The plaintiff, Kerala Gramin Bank, is seeking to recover an amount due from the defendants, Sri. Sajeendranath.P and Smt. Jashi.P, who have failed to repay a loan taken with interest. The defendants were set ex parte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay a sum of Rs 58,676 to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, ordering the defendants to repay the due amount with interest. The defendants are held jointly and severally liable for the payment.
Why Plaintiff Won:
The plaintiff proved their case by unchallenged evidence and documentation.
The plaintiff proved their case by unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff proved their case by unchallenged evidence and documentation.
The plaintiff proved their case by unchallenged evidence and documentation.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A8 documents produced by her.
Judgment Evidence:
In the result, 1. The defendants shall pay a sum of Rs 58,676 to the plaintiff with interest at the rate of 10.6 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Sri. Sajeendranath.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Jashi.P
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Exhibit A1 is the loan application dated 03.08.2022, Exhibit A2 is the details of the co-obligant, Exhibit A3 is the pro note, Exhibit A4 is the take delivery letter, Exhibit A5 is the agreement for MSME capital, Exhibit A6 is the guarantee agreement, Exhibit A7 is the guarantee covering letter, Exhibit A8 is the account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Joseph. E.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the outstanding loan amount with interest.
Evidence:
The defendants shall pay a sum of Rs 58,676- (Rupees fifty eight thousand six hundred and seventy six) to the plaintiff with interest at the rate of 10.6 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are ordered to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Details of the Co-obligant
Submitted By:
Plaintiff
Relevance:
Provided details regarding the guarantor for the loan.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document affirming the borrowing agreement.
Reference:
Ext.A3
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document related to the loan agreement and its conditions.
Reference:
Ext.A4
Document Type:
Agreement for MSME working capital limits
Submitted By:
Plaintiff
Relevance:
Agreement specifying the terms of capital provided under MSME.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
An agreement providing the terms under which the guarantor is liable.
Reference:
Ext.A6
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Letter detailing the guarantee arrangement.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided account details and transaction history related to the loan.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Sri. Sajeendranath.P et al regarding realisation of money.
Case Code Year
Case between Kerala Gramin Bank vs Sri. Sajeendranath.P et al regarding realisation of money.