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
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.
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
Plaintiffs
Bank of India (Age not specified years)
Kalamassery Branch, Ernakulam, Kerala State
Defendants
Nishi Susan Mathew (30 years)
House No. IV/519 Bishop Nagar Avenue II, Opposite Appolo Tyres Ground, Kalamassery, Ernakulam, Pin- 683104
Jagan Mathew (67 years)
House No. IV/519 Bishop Nagar Avenue II, Opposite Appolo Tyres Ground, Kalamassery, Ernakulam, Pin- 683104
Suja Jagan (64 years)
House No. IV/519 Bishop Nagar Avenue II, Opposite Appolo Tyres Ground, Kalamassery, Ernakulam, Pin- 683104
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