Case Summary
M/s. Kerala Gramin Bank filed a suit against Alias M.V and others for the recovery of a debt amounting to Rs. 67,328. The defendants failed to repay the amount despite acknowledgments of debt and demand notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs. 67,328 with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved its case through reliable evidence and acknowledgments of debt from the defendants.
The plaintiff proved its case through reliable evidence and acknowledgments of debt from the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs. 67,328 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M/s. Kerala Gramin Bank (Age not specified years)
Mulanthuruthy Branch, Palal Buildings, Mulanthuruthy
Defendants
Alias M.V (48 years)
'Morattil' House, Perumpilly P.O, Mulanthuruthy 682 314
Vipindas Kurian (39 years)
'Pallipprambil' House, Amballoor P.O, Ernakulam District
Joy P.P. (60 years)
'Ponekkattil' House, Perumpilly P.O, Mulanthuruthy 682 314
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.67,328 along with interest from the first and second defendants.
Evidence:
The plaintiff bank is allowed to recover Rs.67,328 (Rupees Sixty Seven thousand Three hundred and Twenty Eight only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The costs of the suit to be recovered from the first and second defendants.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from 1st and 2nd defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document was part of the evidence showing the loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
The document serves as evidence of the agreement for the overdraft facility availed by the first defendant.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement involved the second and third defendants as guarantors for the first defendant's transactions.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The document shows the account transactions from 01.01.1976 to 04.11.2019, supporting the claim of outstanding dues.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document demonstrates the first defendant's acknowledgment of the debt as of 30.06.2014.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Another acknowledgment from the first defendant dated 19.12.2016 confirming the debt.
Reference:
Ext.A6
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendants demanding payment of the outstanding amounts.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the first defendant received the lawyer's notice.
Reference:
Ext.A8