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
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.
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
Plaintiffs
Thushara. T.V. (38 years)
Kaloor Branch, Konthuruthy Estate, Deshabhimani Road, Kaloor, Kochi 682 017
Defendants
Sophy K. M. (49 years)
8A, J P Mannor, Shastha Temple Road, Kaloor.P.O, Kochi - 682 017
Sunny Padamadan Raphel (55 years)
Flat No. 47, Jewel Park, Providence Road, Ernakulam, Kochi - 682 018
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