Case Summary
M/s Kerala Gramin Bank filed a suit against Sreekumar Karunakara Menon and Vaisakh T.S for recovery of an agricultural loan of ₹70,000. The defendants failed to repay the amounts despite repeated demands, leading to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay ₹96,197.09 with interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay ₹96,197.09 with interest of 9% per annum from the date of the suit until the decree date. If not paid, the plaintiff is entitled to recover the amount from the defendants' assets with additional post-decretal interest.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for except the interest part, which is ordered reasonably.
Judgment Evidence:
In the result, the defendants should the plaintiff an amount of ₹96,197.09/- (Rupees Ninety Six Thousand and One Hundred and Ninety Seven and Paise Nine Only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Kerala Gramin Bank
- Relation
- represented by its Manager and Principal Officer Praveenkumar P
- Party Role
- Defendant
- Party Name
- Sreekumar Karunakara Menon
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vaisakh T.S
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Memorandum of Agreement for Agricultural Loans, Pronote for ₹70,000, Take Delivery Letter, Certified copy of the Statement of account, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the plaintiff an amount of ₹96,197.09 with interest.
Evidence:
The defendants should the plaintiff an amount of ₹96,197.09/- (Rupees Ninety Six Thousand and One Hundred and Ninety Seven and Paise Nine Only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.
Documents & Evidence
Document Type:
Memorandum of agreement for agricultural loans
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant in favour of the plaintiff for ₹70,000/-.
Reference:
Ext.A2
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff.
Reference:
Ext.A3
Document Type:
Certified Copy of the Statement of Account
Submitted By:
Plaintiff
Relevance:
For the period of 02.02.21 to 03.10.23.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent to the defendants demanding repayment.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Signed by the 1st defendant acknowledging receipt of the legal notice.
Reference:
Ext.A6
Document Type:
Returned Postal Envelop
Submitted By:
Plaintiff
Relevance:
Of the 2nd defendant, which was returned unserved.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Kerala Gramin Bank, Thiruvankulam Branch vs Sreekumar Karunakara Menon et al regarding recovery of money
Case Code Year
Case between M/s Kerala Gramin Bank, Thiruvankulam Branch vs Sreekumar Karunakara Menon et al regarding recovery of money