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
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.
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
Plaintiffs
Bank of India (Age not specified years)
Head Office at Star House, C-5, G-Block, Bandra – Kurla Complex, Bandra (East), Mumbai – 400 051
Defendants
Bibin Mathew (36 years)
Chakkalackal house, Chammini road, Kaloor P.O, Ernakulam District – 682 017
Francis K.F (54 years)
Kalappurackal house, Vytilla, kochi – 682 019
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