Case Summary
The plaintiff, Corporation Bank, filed a suit against the defendants, Jeouf Thomas and Joy Thomas, for the recovery of a loan amount that remains unpaid. The defendants had taken educational loans from the bank but defaulted on repayments, leading the bank to seek recovery through legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.5,31,582/- along with accrued interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The defendants failed to produce evidence to counter the plaintiff's claims.
Why Plaintiff Won:
The court found no countervailing evidence from the defendants to refute the plaintiff's claims.
The court found no countervailing evidence from the defendants to refute the plaintiff's claims.
Losing Side's Weaknesses:
The court found no countervailing evidence from the defendants to refute the plaintiff's claims.
The court found no countervailing evidence from the defendants to refute the plaintiff's claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exhibits A1 to A9, A11 to A14 established his case as pleaded by him. No evidence was adduced by defendants to prove their claim.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.5,31,582/- from the defendants and from their assets. 2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,31,582/- from the date of suit till date decree from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Corporation Bank
- Relation
- represented by its Chief Manager, Lakshminarayana Bhatta R.N., S/o. Late Rama Bhatta R.N.
- Party Role
- Defendant
- Party Name
- Jeouf Thomas
- Party Age
- 32
- Relation
- S/o. Joy Thomas
- Party Role
- Defendant
- Party Name
- Joy Thomas
- Party Age
- 64
- Relation
- S/o. K. Thomas
Plaintiffs Documents
Loan application dated 12.09.2006, credit sanction intimation letter dated 14.09.2006, demand promissory note dated 15.09.2006, various letters acknowledging liability, and lawyer's notice dated 14.05.2014.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A. Ajaikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.5,31,582 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.5,31,582/- (Rupees five lakhs thirty one thousand five hundred and eighty two only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,31,582 from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,31,582/- (Rupees five lakhs thirty one thousand five hundred and eighty two only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,31,582 from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,31,582/- (Rupees five lakhs thirty one thousand five hundred and eighty two only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 12.09.2006.
Reference:
Ext.A1
Document Type:
Credit sanction intimation letter
Submitted By:
Plaintiff
Relevance:
Original credit sanction intimation letter dated 14.09.2006.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 15.09.2006 executed by the defendants.
Reference:
Ext.A3
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original take delivery letter to demand promissory note dated 15.09.2006.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking executed by defendants dated 15.09.2006.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original of another letter of undertaking dated 15.09.2006.
Reference:
Ext.A6
Document Type:
Acknowledgement of liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 28.08.2009 acknowledging the liability.
Reference:
Ext.A7
Document Type:
Acknowledgement of liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 31.07.2012 acknowledging liability by the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgement of liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 26.06.2015 acknowledging liability by the defendants.
Reference:
Ext.A9
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 14.05.2014.
Reference:
Ext.A11
Document Type:
Original letter
Submitted By:
Plaintiff
Relevance:
Original letter dated 27.09.2016 given by the 2nd defendant.
Reference:
Ext.A12
Document Type:
Application for Educational Loan Repayment Support Scheme
Submitted By:
Plaintiff
Relevance:
Original application for educational loan repayment support scheme dated 30.01.2018.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of the loan account of defendants along with certification.
Reference:
Ext.A14
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 established the plaintiff's case.
Reference:
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 Corporation Bank vs Jeouf Thomas et al regarding realization of money
Case Code Year
Case between Corporation Bank vs Jeouf Thomas et al regarding realization of money