Case Summary
The plaintiff bank is seeking to recover money due from the defendants who had taken an education loan. The defendants defaulted on repayment, and the bank is entitled to recover the outstanding loan amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹6,61,469/- with interest at the rate of 9% per annum from the date of institution of the suit till the date of decree and interest at the rate of 6% till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay an amount of ₹6,61,469/- with specified interest rates.
Why Plaintiff Won:
The plaintiff successfully proved that the defendants defaulted on the repayment of the loan amount.
The plaintiff successfully proved that the defendants defaulted on the repayment of the loan amount.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendants defaulted on the repayment of the loan amount.
The plaintiff successfully proved that the defendants defaulted on the repayment of the loan amount.
Supporting Evidence
The plaintiff has succeeded in proving that the defendants defaulted on the repayment of the loan amount and the plaintiff is entitled to realise ₹6,61,469/-.
Judgment Evidence:
In the result, the suit is decreed with costs directing the defendants to pay an amount of ₹6,61,469/- to the plaintiff with interest at the rate of 9% per annum from the date of institution of the suit till the date of decree and interest at the rate of 6% for the principal amount until realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Twinky Joseph
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Joseph Thomas
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rosamma Joseph
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Loan application, Loan agreement, Acknowledgments of debt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu Stephen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. T Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the defendants to pay an amount of ₹6,61,469/- to the plaintiff.
Evidence:
The plaintiff has succeeded in proving that the defendants defaulted on the repayment of the loan amount and the plaintiff is entitled to realise ₹6,61,469/- with 9% interest from the date of suit.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 9% per annum from the date of institution of the suit till the date of decree.
Evidence:
The plaintiff is entitled to realise with interest at the rate of 9% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% for the principal amount from the date of decree till the date of realisation.
Evidence:
The plaintiff is entitled to realise with interest at the rate of 6% for the principal amount from the date of decree till the date of realisation.
Documents & Evidence
Document Type:
Application for term loan for higher education
Submitted By:
Plaintiff
Relevance:
Shows that D1 filed an application with the bank to avail ₹4,00,000/- as a term loan for higher education, and D2 and D3 signed the application as guarantors/co-obligants.
Reference:
Ext.A1
Document Type:
General Agreement of North Malabar Gramin Bank
Submitted By:
Plaintiff
Relevance:
Loan agreement executed jointly by D1 to D3.
Reference:
Ext.A2
Document Type:
Payment received slip from North Malabar Gramin Bank
Submitted By:
Plaintiff
Relevance:
Shows payment received related to the loan.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt and security of Borrower/Co-obligant of North Malabar Gramin Bank
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt issued by D1 to D3.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt and security of Borrower/Co-obligant of North Malabar Gramin Bank
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt issued by D1 to D3.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding repayment of the entire loan amount.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt related to the legal notice sent.
Reference:
Ext.A7
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of delivery related to the legal notice.
Reference:
Ext.A8
Document Type:
Bank Statement of North Malabar Gramin Bank
Submitted By:
Plaintiff
Relevance:
Statement showing the outstanding balance from the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Twinky Joseph et al regarding the realisation of money due
Case Code Year
Case between Kerala Gramin Bank vs Twinky Joseph et al regarding the realisation of money due