Case Summary
The Kerala Gramin Bank is suing the defendants for the recovery of a loan amounting to ₹11,675 due to default in payment. The defendants did not appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹11,675 with future interest at 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the recovery of ₹11,675 along with interest. The defendants were found in default as they failed to appear.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Supporting Evidence
From the side of plaintiff bank, the Branch Manager and principal officer of the bank is present and examined as PW1. The documents are marked as Exts. A1 to A18. On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KERALA GRAMIN BANK
- Party Role
- Defendant
- Party Name
- VARGHESE
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MATHEW
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KURIYAKOSE
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KUTTIYACHAN
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- ELSAMMA AUGUSTINE
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Various agreements and acknowledgments of debt dated from 2010 to 2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Previn. P. M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹ 11,675/- with future interest.
Evidence:
Hence, the suit is decreed with costs.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered in between Augustine Thomas and four others.
Reference:
Ext.A1
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Take Delivery Letter to DPN from Friends Joint Liability Group, Poozhithode to the Manager, SMGB, Maruthonkara Branch.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Pronote executed by Friends Joint Liability Group, Poozhithode in favour of SMGB, Maruthonkara Branch.
Reference:
Ext.A3
Document Type:
Consent cum Guarantee cum Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Letter of consent cum-Guarantee cum Hypothecation Agreement from Augustine and Defendants No.1 to 4 to the Branch Manager SMGB, Maruthonkara Branch.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security from Friends Joint Liability Group, Poozhithode and another to the Manager, SMGB, Maruthonkara Branch.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security from Friends Joint Liability Group, Poozhithode and 3 others to the Manager, SMGB, Maruthonkara Branch.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security from Friends Kootta Bhadhyatha Sangham to the Manager, Kerala Gramin Bank, Maruthonkara Branch.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security from Friends Joint Liability Group, Poozhithode to the Manager, Kerala Gramin Bank, Maruthonkara Branch.
Reference:
Ext.A8
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Gazette Notification.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice sent by Adv. P. Anoop to the defendants.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipts related to the court case.
Reference:
Ext.A10 (a) to Ext.A10 (g)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal Acknowledgment Cards.
Reference:
Ext.A11 to Ext.A14
Document Type:
Unclaimed Cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Unclaimed covers with Acknowledgment Cards.
Reference:
Ext.A15 to Ext.A17
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account of Friends Kootta Bhadhyatha Sangham, Poozhithode.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Recovery of money
Case Code
Case between KERALA GRAMIN BANK vs VARGHESE et al regarding realization of money.
Case Code Year
Case between KERALA GRAMIN BANK vs VARGHESE et al regarding realization of money.