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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
Case Closed
Mon, 01/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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
No
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.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and supporting documents established the plaintiff's case.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and supporting documents established the plaintiff's case.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A12 established the case as pleaded by the plaintiff.

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

Parties

Party Role
Plaintiff
Party Name
M/s. Kerala Gramin Bank
Party Role
Defendant
Party Name
R.Sakthivel
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
V.Govindarajan @ K.Rajan
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Dharmaraj
Party Age
43
Relation
S/o
Plaintiffs Documents
Original demand promissory note dated 12.12.2006, Original composite hypothecation agreement dated 12.12.2006, Original guarantee agreement dated 12.12.2006, Acknowledgments of debt dated 11.12.2009, 22.09.2011, 14.12.2013, 06.12.2014, 27.11.2017.
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 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
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Confirms a previous acknowledgment of debt.
Reference:
Ext.A7
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Confirms a subsequent acknowledgment of debt.
Reference:
Ext.A8
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Reaffirms defendants' liability through acknowledgment.
Reference:
Ext.A9
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Further acknowledgment of defendants' debt.
Reference:
Ext.A10
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Latest acknowledgment of debt from the defendants.
Reference:
Ext.A11
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
Serves as proof of demands made to the defendants.
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 R.Sakthivel, V.Govindarajan @ K.Rajan, Dharmaraj regarding realization of money.
Case Code Year
Case between M/s. Kerala Gramin Bank vs R.Sakthivel, V.Govindarajan @ K.Rajan, Dharmaraj regarding realization of money.

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 12/12/2020 - 12:00
Case Closed
Mon, 01/20/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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