Case Summary
The plaintiff, Kerala Gramin Bank, is seeking repayment of a loan amount from the defendants, Sri. Shyam Krishna and Sri. Radhakrishnan. The defendants defaulted on an educational loan agreement and the bank is entitled to recover the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.12,08,974/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The suit is decreed directing the defendants to pay the outstanding amount of Rs.12,08,974/- to the plaintiff, along with interest at the rate of 6% per annum and costs of the suit.
Why Plaintiff Won:
The defendants defaulted in repaying the loan amount as per the agreement, despite several demands.
The defendants defaulted in repaying the loan amount as per the agreement, despite several demands.
Losing Side's Weaknesses:
The defendants defaulted in repaying the loan amount as per the agreement, despite several demands.
The defendants defaulted in repaying the loan amount as per the agreement, despite several demands.
Supporting Evidence
The unchallenged oral testimony of PW1 very well goes to show that the 1st defendant had availed education loan worth Rs.2,75,000/- from the plaintiff bank on 16.09.2008...
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Defendants are directed to pay an amount of Rs.12,08,974/- to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Sri. Shyam Krishna
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Radhakrishnan
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Application for Vidyabharathi loan, Loan agreement, Acknowledgment of debt, Statement of account, Registered Lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Joseph.E.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. V.R. Jishara
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay the outstanding amount of Rs.12,08,974/- to the plaintiff.
Evidence:
Accordingly, the suit is decreed directing the defendants to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Application for Vidyabharathi loans
Submitted By:
Plaintiff
Relevance:
This document is part of the loan agreement process and evidences the loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document is the loan agreement executed by the second defendant on behalf of the first defendant to obtain the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document evidences the acknowledgment of debt signed by the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document evidences another acknowledgment of debt signed by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document evidences a further acknowledgment of debt signed by the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document evidences yet another acknowledgment of debt signed by the defendants.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the statement of account maintained by the plaintiff bank reflecting the outstanding dues.
Reference:
Ext.A7
Document Type:
Registered Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This document represents the registered notice issued to the defendants regarding the loan default.
Reference:
Ext.A8
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Sri. Shyam Krishna et al regarding loan recovery
Case Code Year
Case between Kerala Gramin Bank vs Sri. Shyam Krishna et al regarding loan recovery