Case Summary
The plaintiff, M/s. Kerala Gramin Bank, is seeking to recover money from the defendants due to irregular payments on a loan. The defendants failed to repay the loan amount of Rs. 2,60,276 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,60,276 along with interest at 13.5% per annum from 24.10.2019 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court awarded the plaintiff the amount of Rs. 2,60,276 along with interest from the defendants. The defendants are liable for the decree.
Why Plaintiff Won:
Plaintiff has established a case for recovery based on unchallenged documents.
Plaintiff has established a case for recovery based on unchallenged documents.
Losing Side's Weaknesses:
Plaintiff has established a case for recovery based on unchallenged documents.
Plaintiff has established a case for recovery based on unchallenged documents.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) 1st and 3rd defendants shall pay Rs.2,60,276 along with interest @13.5% per annum from 24.10.2019 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Naveenchandran.O.
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.A. Yamuna
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.N.Ajithkumar
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Application for loan, Receipt for Rs. 35,000, Memorandum of agreement executed by the defendants in favour of the plaintiff.
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:
Plaintiff sought recovery of Rs.2,60,276 along with interest from the defendants.
Evidence:
plaintiff is entitled to realize an amount of Rs.2,60,276 with interest from 1st and 3rd defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Personal liability of the defendants to satisfy the decree debt.
Evidence:
1st and 3rd defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Document submitted by the first defendant to the plaintiff for loan application.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by the first defendant for the loan amount received.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants in favor of the plaintiff.
Reference:
Ext.A3
Document Type:
Certified true statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing the defendant's loan account.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment executed by the first defendant in favor of the plaintiff.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of debt executed by the first defendant in favor of the plaintiff.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of debt executed by the first defendant in favor of the plaintiff.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of debt executed by the first defendant in favor of the plaintiff.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Final acknowledgment of debt executed by the first defendant in favor of the plaintiff.
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
Recovery of money
Case Code
O.S.NO.
Case Code Year
2019