Case Summary
The plaintiff, M/s. Kerala Gramin Bank, filed a suit against the defendants for non-repayment of a loan. The court found the defendants liable for an amount of ₹3,66,425.74/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹3,66,425.74/- with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff for the recovery of the loan amount with interest. The defendants were ordered to pay ₹3,66,425.74/- to the plaintiff.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of ₹3,66,425.74/- (Rupees three lakhs sixty six thousand four hundred and twenty seven and seventy four paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Sophy K. M.
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunny Padamadan Raphel
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Details of Co-obligant, Agreement for Vehicle Loan, Guarantee Agreement, Guarantee Covering letter, Annexure to Hypothecation Agreement, Computer print out of Statement of Account, Acknowledgment of debt and security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P. J
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jeemon P. Abraham
- Appearance Type
- Ex parte
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Direction for defendants to pay ₹3,66,425.74/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of ₹3,66,425.74/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Relief Type:
Cost
Outcome:
Granted
Description:
Entitlement to 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:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the loan application by the defendants.
Reference:
Ext.A1
Document Type:
Details of Co-obligant
Submitted By:
Plaintiff
Relevance:
Provided details related to the co-obligant for the loan.
Reference:
Ext.A2
Document Type:
Agreement for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
Documented the terms of the vehicle loan availed by the defendants.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Included guarantees related to the loan.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Accompanied the guarantee agreement.
Reference:
Ext.A5
Document Type:
Annexure to Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Provided details related to the hypothecation of the vehicle.
Reference:
Ext.A6
Document Type:
Computer print out of Statement of Account for the period from 04.09.2019 to 18.09.2024
Submitted By:
Plaintiff
Relevance:
Showed the financial status and repayment status of the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Demonstrated acknowledgment of the debt by the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Served as further acknowledgment related to the defendants' debt.
Reference:
Ext.A9
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Documented the lawyer's notice about the debt issue.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Served as proof of communication regarding the debt.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Kerala Gramin Bank vs Sophy K. M. et al regarding realisation of money
Case Code Year
Case between M/s. Kerala Gramin Bank vs Sophy K. M. et al regarding realisation of money