Case Summary
M/s. Kerala Grammin Bank filed a suit against Sameer K.H and others for the recovery of a loan amount. The loan was taken for vehicle purchase, and the defendants have failed to repay despite acknowledging the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay the plaintiff an amount of Rs.1,49,220/- with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stands proved based on the uncontested evidence.
The case of the plaintiff stands proved based on the 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 1,49,220/- (Rupees one lakh forty nine thousand two hundred and twenty only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.
Parties Involved
Plaintiffs
M/s. Kerala Grammin Bank (Age not specified years)
Thrikkakara Branch, Opp. Cardinal School, Judgemukku, Thrikkakara, Kochi – 682 021
Defendants
Sameer K.H (43 years)
‘Kanjiraparambil’ House, Karimakkad Palli, Thoppil, Thrikkakara, Kochi – 682 021
Soumya Joseph (41 years)
Mukalayil, Thundipparambil Lane, Madavana Temple Road, Vennala P.O, Kochi – 682 028
Joseph Sebastian (48 years)
‘Mukalayil’ House, Thundipparambil Lane, Madavana Temple Road, Vennala P.O, Kochi – 682 028
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due from the defendants.
Evidence:
the plaintiff is entitled to a decree in its favour.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Loan application for the term loan availed by the first defendant.
Reference:
Ext.A1
Document Type:
Details of Co-obligant
Submitted By:
Plaintiff
Relevance:
Information regarding the co-obligant in the loan agreement.
Reference:
Ext.A2
Document Type:
Details of Co-obligant/Guarantor
Submitted By:
Plaintiff
Relevance:
Information regarding the guarantor of the loan.
Reference:
Ext.A3
Document Type:
Agreement for vehicle loans
Submitted By:
Plaintiff
Relevance:
The agreement outlining the terms of the vehicle loan.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The guarantee agreement ensuring repayment of the loan.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
An additional guarantee agreement related to the loan.
Reference:
Ext.A6
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account showing the repayment transactions of the loan.
Reference:
Ext.A7
Document Type:
Certificate u/s. 2A (a) and 2A(b) of Banker’s Books Evidence Act
Submitted By:
Plaintiff
Relevance:
Evidence supporting the bank transactions related to the loan.
Reference:
Ext.A7(a)
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
A document acknowledging the debt by the first defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
A second acknowledgment of debt by the first defendant.
Reference:
Ext.A9
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the defendants regarding the debt.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of receipt for the legal notice sent.
Reference:
Ext.A11
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Second evidence of receipt for the legal notice sent.
Reference:
Ext.A12
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Third evidence of receipt for the legal notice sent.
Reference:
Ext.A13