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
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.
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
Plaintiffs
M/s. Kerala Gramin Bank (Age not specified years)
Kaloor Branch, Deshabhimani Road, Kaloor, Kochi – 682 017
Defendants
Anil E.V (43 years)
Edamula House, Puthenchira P.O, Thrissur – 680 682
Joshy E.X (47 years)
Gacharapathu, Elamkakkara, Kochi – 682 026
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