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
The court granted a decree in favor of the plaintiff bank, allowing them to recover Rs. 67,328 along with interest from the defendants. The suit against the third defendant was dismissed as he is no longer available.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Alias M.V
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vipindas Kurian
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy P.P.
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Loan application dated 22.08.2011, Composite hypothecation agreement dated 22.08.2011, Guarantee agreement dated 22.08.2011, Acknowledgment of debt dated 30.06.2014, Acknowledgment of debt dated 19.12.2016, Lawyer notice dated 05.08.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja.R.Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Kerala Gramin Bank vs Alias M.V et al regarding realisation of money
Case Code Year
Case between M/s. Kerala Gramin Bank vs Alias M.V et al regarding realisation of money