O.S. No. 1123/2020

Case between M/s. Kerala Gramin Bank vs R.Sakthivel, V.Govindarajan @ K.Rajan, Dharmaraj regarding realization of money.

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

Smt. REEJA R. NAIR.

Order Date

2025-01-20

Duration

approximately-4 years 1 month

Judgement document from eCourt website

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Case Summary

M/s. Kerala Gramin Bank filed a suit against R.Sakthivel, V.Govindarajan @ K.Rajan, and Dharmaraj for the recovery of a loan amount. The bank contends that the defendants failed to repay the overdraft facility availed and are liable for the outstanding dues.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff, allowing the recovery of the due amount from the defendants. Interest was awarded on the principal amount until realization.

Judgment Favored

Plaintiff

Relief Granted

The plaintiff is entitled to realize an amount of Rs.2,77,446/- including interest.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and supporting documents established the plaintiff's case.

Judgment Evidence:

In the result, suit is decreed as follows, 1. The plaintiff is entitled to realize an amount of Rs.2,77,446/- from the defendants and from their assets, jointly and severally.

Parties Involved

Plaintiffs

M/s. Kerala Gramin Bank (Age not specified years) Kaloor Branch, Deshabhimani Road, Kaloor, Kochi - 682 017

Defendants

R.Sakthivel (51 years) 'Chullikkatt' House, Udaya Nagar, II nd Lane, Kathrikkadavu, Kaloor, Kochi - 682 017. V.Govindarajan @ K.Rajan (43 years) EWS 496, Gandhi Nagar, Kadavanthra.P.O., Kochi - 682 020. Dharmaraj (43 years) 'Veliparambil, Madathmuri Lane, Lalsalam Road, Vyttila P.O., Kochi - 682 019.

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The plaintiff is entitled to recover Rs.2,77,446/- from the defendants.

Evidence:

The plaintiff is entitled to realize an amount of Rs.2,77,446/- (Rupees two lakhs seventy seven thousand four hundred and forty six only) from the defendants and from their assets, jointly and severally.

Relief Type: Interest

Outcome: Granted

Description:

The plaintiff is entitled to interest at 12% per annum from the date of suit until the decree is executed.

Evidence:

The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,77,446/- (Rupees two lakhs seventy seven thousand four hundred and forty six only) from the date of suit till date decree from the defendants and from their assets, jointly and severally.

Relief Type: Interest

Outcome: Granted

Description:

The plaintiff is entitled to interest at 6% per annum from the date of decree until realization.

Evidence:

The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,77,446/- (Rupees two lakhs seventy seven thousand four hundred and forty six only) from date of decree till date of realization from the defendants and from their assets, jointly and severally.

Relief Type: Recovery

Outcome: Granted

Description:

The plaintiff is entitled to recover costs from the defendants.

Evidence:

The plaintiff is entitled to realize costs of the suit from defendants and from their assets, jointly and severally.

Documents & Evidence

Document Type: Original Demand Promissory Note

Submitted By: Plaintiff

Relevance:

Establishes the defendants' loan obligation.

Reference:

Ext.A2

Document Type: Original composite hypothecation agreement

Submitted By: Plaintiff

Relevance:

Supports the security over the loan.

Reference:

Ext.A3

Document Type: Original Guarantee agreement

Submitted By: Plaintiff

Relevance:

Confirms the guarantee for the loan.

Reference:

Ext.A4

Document Type: Request for Overdraft

Submitted By: Plaintiff

Relevance:

Details the application for the overdraft facility.

Reference:

Ext.A5

Document Type: Print out of statement of account

Submitted By: Plaintiff

Relevance:

Shows the account status and outstanding amount.

Reference:

Ext.A6