Case Summary
Bank of India has filed a suit against Nishi Susan Mathew and others for the realization of a loan amount after the defendants defaulted on repayment. The total amount due is Rs.9,57,725/- as of March 2021.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.9,57,725/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.9,57,725/- along with interest. The defendants are jointly and severally liable for the amount.
Why Plaintiff Won:
Plaintiff has established a case and provided adequate evidence of the loan agreement and defaults in payment.
Plaintiff has established a case and provided adequate evidence of the loan agreement and defaults in payment.
Losing Side's Weaknesses:
Plaintiff has established a case and provided adequate evidence of the loan agreement and defaults in payment.
Plaintiff has established a case and provided adequate evidence of the loan agreement and defaults in payment.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.9,57,725/- with interest from the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.9,57,725/- (Rupees Nine lakhs fifty seven thousand seven hundred and twenty five only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- represented by its Senior Branch Manager
- Party Role
- Defendant
- Party Name
- Nishi Susan Mathew
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jagan Mathew
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suja Jagan
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 24.12.2011, Loan Sanction details dated 09.02.2012, Deed of Guarantee signed by 3rd defendant dated 09.02.2012, Undertakings issued by 1st defendant to plaintiff bank dated 09.02.2012, Debt acknowledgment signed by the defendants dated 28.01.2015, Debt acknowledgment signed by defendants dated 23.06.2017, Debt acknowledgment signed by defendants dated 24.04.2020, Debt acknowledgment signed by defendants dated 31.03.2021, Account Statement dated 30.03.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanish C R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthik S A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of loan amount and interest from defendants.
Evidence:
Defendants shall pay Rs.9,57,725/- (Rupees Nine lakhs fifty seven thousand seven hundred and twenty five only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Loan Sanction Details
Submitted By:
Plaintiff
Relevance:
Details of the loan sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee provided by the 3rd defendant for the loan.
Reference:
Ext.A3
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking issued by the 1st defendant to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment signed by the defendants.
Reference:
Ext.A5
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment signed by the defendants.
Reference:
Ext.A6
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment signed by the defendants.
Reference:
Ext.A7
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment signed by the defendants.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the defendants as of the given date.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of India vs Nishi Susan Mathew et al regarding realization of money
Case Code Year
Case between Bank of India vs Nishi Susan Mathew et al regarding realization of money