Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from the defendants. Vijas K.P and others contest the claim, stating lack of acknowledgment and that the suit is barred by limitation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants No. 1 to 5 are jointly and severally directed to pay an amount of 3,04,554/- with 9% interest.
Case Type
Commercial Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff successfully demonstrated entitlement to the claimed amount through documentation and evidence.
The plaintiff successfully demonstrated entitlement to the claimed amount through documentation and evidence.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated entitlement to the claimed amount through documentation and evidence.
The plaintiff successfully demonstrated entitlement to the claimed amount through documentation and evidence.
Supporting Evidence
The entire evidence adduced by the plaintiff shows that plaintiff is entitled to realise the amount claimed in the suit.
Judgment Evidence:
In the result, suit is decreed as follows: (a) Defendants No. 1 to 5 are jointly and severally is directed to pay an amount of 3,04,554/- (Rupees three lakhs four thousand five hundred and fifty four only) with 9% interest from the date of suit, till the date of decree and thereafter, @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Vijas K.P
- Party Age
- 29
- Relation
- S/o.Moideenkoya
- Party Role
- Defendant
- Party Name
- Udayan
- Party Age
- 68
- Relation
- S/o.Kunhikelukurup
- Party Role
- Defendant
- Party Name
- Sheeja
- Relation
- W/o.Dinesan
- Party Role
- Defendant
- Party Name
- Rahul
- Relation
- S/o.Dinesan
- Party Role
- Defendant
- Party Name
- Ritul
- Relation
- S/o.Dinesan
Plaintiffs Documents
Pronote original, Take delivery letter, Agreement to secured trade loans, Guarantee agreement, Acknowledgment of debt, Lawyer notice.
Defendants Documents
Death certificate of Dineshan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Geetharani
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.C.Indukala
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.N.Sukumaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sathhesan P.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.Madhumohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Unnikrishnan Puthalath
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.S.Saji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Diljith C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount claimed.
Evidence:
In the result, suit is decreed as follows: Defendants No. 1 to 5 are jointly and severally directed to pay an amount of 3,04,554/- with 9% interest from the date of suit, till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the cost of the suit.
Evidence:
Plaintiff is also entitled to realise the cost of the suit.
Documents & Evidence
Document Type:
Pro-note
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 in favor of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1.
Reference:
Ext.A2
Document Type:
Agreement for Secured Trade Loan
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 to avail the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 and Dineshan as surety for defendant No. 1.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 and Dineshan as surety for defendant No. 1.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed by Dineshan in favor of the plaintiff bank.
Reference:
Ext.A6
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed by Dineshan in favor of the plaintiff bank.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 acknowledging the debt.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 acknowledging the debt.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 acknowledging the debt.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendants for repayment of the loan.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of notice by legal heirs of Dineshan.
Reference:
Ext.A16
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance in the loan account of defendant No. 1.
Reference:
Ext.A17
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Proves the death of Dineshan, who stood as guarantor.
Reference:
Ext.B1
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Vijas K.P et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Vijas K.P et al regarding realisation of money