Case Summary
The case involves Bank of India suing Bibin Mathew and Francis K.F for recovery of a personal loan amount. The defendants failed to repay the loan and were declared exparte due to non-appearance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay Rs. 2,50,580/- with 9% interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay an amount of Rs. 2,50,580/- with interest.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of Rs.2,50,580/- (Rupees Two lakhs fifty thousand five hundred and eighty only) with 9% interest per annum from 31.05.2022 till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bibin Mathew
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis K.F
- Party Age
- 54
- Relation
- Cheeku
Plaintiffs Documents
Original Application cum proposal form for personal loan, Original Master facility Agreement, Original Demand Promissory note, Original Deed of Guarantee, Photocopy of notice, Copy of Declaration cum undertaking, True copy of statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nagaraj Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saijo Hassan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benoj C Augustin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.N.Muhammed Thanveer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bincy Job
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.Krishna Ozhakkanat
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested to recover an outstanding amount from the defendants.
Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of Rs.2,50,580/-.
Documents & Evidence
Document Type:
Original Application cum proposal form for personal loan
Submitted By:
Plaintiff
Relevance:
This document is part of the unchallenged proof affidavit and helps to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Original Master facility Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions under which the loan was provided.
Reference:
Ext.A2
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the borrower's promise to repay the loan amount.
Reference:
Ext.A3
Document Type:
Original Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
This document indicates that the second defendant is a guarantor for the loan.
Reference:
Ext.A4
Document Type:
Photocopy of Notice
Submitted By:
Plaintiff
Relevance:
This document shows that a legal notice was sent to the defendants regarding the default.
Reference:
Ext.A5
Document Type:
Copy of Declaration cum undertaking
Submitted By:
Plaintiff
Relevance:
This document outlines additional obligations or confirmations by the borrower.
Reference:
Ext.A6
Document Type:
True copy of statement
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amount due from the defendants.
Reference:
Ext.A7
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 Bank of India vs Bibin Mathew et al regarding recovery of money
Case Code Year
Case between Bank of India vs Bibin Mathew et al regarding recovery of money