Case Summary
The plaintiff, M/s. Kerala Gramin Bank, has filed a suit against the defendants, Anil E.V and Joshy E.X, for the recovery of an amount due to the bank. The defendants failed to repay an overdraft amounting to ₹1,42,124/- despite multiple acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay a total amount of ₹1,42,124/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay ₹1,42,124/- with interest. If the amount is not paid, the plaintiff may recover it from the defendants and their assets.
Why Plaintiff Won:
The defendants' liability was evidenced by documentation and multiple acknowledgments of debt.
The defendants' liability was evidenced by documentation and multiple acknowledgments of debt.
Losing Side's Weaknesses:
The defendants' liability was evidenced by documentation and multiple acknowledgments of debt.
The defendants' liability was evidenced by documentation and multiple acknowledgments of debt.
Supporting Evidence
From uncontested/unrebutted evidence of PW1, it is discernible that the defendant is liable to pay an amount of 1,42,124/- (Rupees one lakh forty two thousand and one hundred and twenty four only) to the plaintiff. The liability of the defendants stands proved by the documents produced on record and the evidence on record.
Judgment Evidence:
The suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, a total amount of 1,42,124/- (Rupees one lakh forty two thousand and one hundred and twenty four only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Anil E.V
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joshy E.X
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of Gazette Notification, Demand Promissory Note, Composite Hypothecation Agreement, Guarantee Agreement, Acknowledgments of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakah
- 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 defendants are directed to pay the plaintiff the total amount due with interest.
Evidence:
The defendants are directed to pay to the plaintiff, a total amount of 1,42,124/- (Rupees one lakh forty two thousand and one hundred and twenty four only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants and their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of Gazette Notification
Submitted By:
Plaintiff
Relevance:
This document establishes the legal foundation of the plaintiff Bank as constituted under the Regional Rural Banks Act 1976.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document indicates the first defendant's commitment to repay the loan amount borrowed from the plaintiff.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan by creating a hypothecation on the first defendant's assets.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document denotes the second defendant's role as the guarantor for the loan taken by the first defendant.
Reference:
Ext.A4
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This printout provides a detailed account of the transactions related to the loan.
Reference:
Ext.A5
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the first defendant's acknowledgment of the outstanding debt as of 30.06.2011.
Reference:
Ext.A6
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt dated 13.11.2013 confirming the defendant's liability.
Reference:
Ext.A7
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt dated 18.12.2014 confirming the defendant's liability.
Reference:
Ext.A8
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt dated 20.11.2017 confirming the defendant's liability.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document demonstrates that the plaintiff issued a formal request for payment to the defendants.
Reference:
Ext.A10
Document Type:
Returned Postal Envelop
Submitted By:
Plaintiff
Relevance:
This document shows the unsuccessful delivery of the notice to the first defendant.
Reference:
Ext.A11
Document Type:
Returned Postal Envelop
Submitted By:
Plaintiff
Relevance:
This document shows the unsuccessful delivery of the notice to the second defendant.
Reference:
Ext.A12
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 Anil E.V et al regarding realisation of money.
Case Code Year
Case between M/s. Kerala Gramin Bank vs Anil E.V et al regarding realisation of money.