Case Summary
The South Indian Bank filed a suit against Ms. Gopika N.G, her mother Mrs. Girija T, and her grandfather Mr. N.K. Thankappan for the recovery of a loan amount of ₹.7,20,215.58/- due to non-repayment. The defendants did not respond to the bank's demands for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
allowed to realise the plaint claim of ₹.7,20,215/- and also to realize 9% interest
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff bank. The defendants are ordered to pay a total of ₹.7,20,215/- along with 9% interest from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff bank proved its case through evidence and documents against the defendants, who failed to appear in court.
The plaintiff bank proved its case through evidence and documents against the defendants, who failed to appear in court.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of ₹.7,20,215/-(Rupees Seven Lakh Twenty Thousand Two Hundred and Fifteen only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 31.10.2023 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank, Kallara branch
- Relation
- represented by its branch Manager
- Party Role
- Defendant
- Party Name
- Ms. Gopika N.G
- Party Age
- 29
- Relation
- D/o Girija T
- Party Role
- Defendant
- Party Name
- Mrs. Girija T
- Party Age
- 49
- Relation
- W/o Late Gopi N.K.
- Party Role
- Defendant
- Party Name
- Mr. N.K.Thankappan
- Party Age
- 76
- Relation
- S/o Kunjupillai
Plaintiffs Documents
Educational Loan agreement dated 05.11.2012, Sanction letter dated 05.11.2012, Guarantee agreement dated 05.11.2012, Acknowledgment of Debt and Security dated 14.05.2015, Acknowledgment of Debt and Security dated 01.02.2018, Acknowledgment of Debt and Security dated 02.11.2020, Lawyer's notice dated 13.10.2023, Statement of account dated 27.10.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's bank is allowed to realise the plaint claim of ₹.7,20,215/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of ₹.7,20,215/-(Rupees Seven Lakh Twenty Thousand Two Hundred and Fifteen only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 31.10.2023 till realization.
Documents & Evidence
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed on 05.11.2012, this document outlines the terms and conditions under which the loan was provided to the defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter dated 05.11.2012 confirming the loan approval for the defendants.
Reference:
Ext.A2
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
This document was executed on 05.11.2012 by the third defendant guaranteeing the loan repayment.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment executed on 14.05.2015 confirming the outstanding debt of the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment executed on 01.02.2018 confirming the outstanding debt of the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment executed on 02.11.2020 confirming the outstanding debt of the defendants.
Reference:
Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
A notice dated 13.10.2023 demanding repayment from the defendants.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
True copy of the statement of account for loan account No. 0210655000000266 as of 27.10.2023.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank vs Ms. Gopika N.G et al regarding realisation of money
Case Code Year
Case between The South Indian Bank vs Ms. Gopika N.G et al regarding realisation of money