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O.S. No. 406 of 2021

Case between M/s. Kerala Gramin Bank vs Amal C.U et al regarding realisation of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-01-23
Duration
approximately-6 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, M/s. Kerala Gramin Bank, filed a suit against defendants Amal C.U and Tony Roy for the recovery of a loan amount. The suit is based on the defendants' failure to repay the loan and its interest as per the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff bank, allowing them to recover the due amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.54,475 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, allowing them to recover the due amount along with interest.
Why Plaintiff Won:
The unrebutted evidence of the plaintiff proved the claim for the recovery of the loan amount.
Losing Side's Weaknesses:
The unrebutted evidence of the plaintiff proved the claim for the recovery of the loan amount.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A9 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.54,475 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
Relation
represented by its Manager cum Principal Officer
Party Role
Defendant
Party Name
Amal C.U
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Tony Roy
Party Age
35
Relation
S/o
Plaintiffs Documents
Application for loan, Details of co obligant, Agreement for general consumption loans, Promissory note, Take delivery letter to DPA, Statement of account for the period 19.07.2017 to 08.12.2020, Acknowledgment of debt and security of borrower, Office copy of lawyer notice, Postal acknowledged card
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:
The plaintiff bank is allowed to recover Rs.54,475 together with interest.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.54,475 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff bank is entitled to get the costs of the suit from the defendants.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Application for Loan
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A1
Document Type: Details of co obligant
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A2
Document Type: Agreement for General Consumption Loans
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A3
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A4
Document Type: Take delivery letter to DPA
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A5
Document Type: Statement of account for the period
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A6
Document Type: Acknowledgment of debt and security of borrower
Submitted By: Plaintiff
Relevance:
This document was part of the evidence supporting the plaintiff's claim for loan recovery.
Reference:
Ext.A7
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
This document was part of the evidence demonstrating the plaintiff's attempts to recover the loan.
Reference:
Ext.A8
Document Type: Postal acknowledged card
Submitted By: Plaintiff
Relevance:
This document was part of the evidence showing that the notice was received.
Reference:
Ext.A9

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 vs Amal C.U et al regarding realisation of money
Case Code Year
Case between M/s. Kerala Gramin Bank vs Amal C.U et al regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 07/20/2017 - 12:00
Case Closed
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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