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C.S. 41 /2023

Case between Federal Bank, Koorachundu Branch vs Varkey. T.C regarding loan recovery

Court
IN THE COURT OF COMMERCIAL JUDGE, KOYILANDY
Judge
Sri. Visakh. V.S.
Order Date
2025-03-04
Duration
Case Code No.
41
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Federal Bank filed a suit against Varkey. T.C for the recovery of a loan. The plaintiff claims that the defendant defaulted on loan repayments, amounting to over Rs. 16 lakhs.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 16,44,646/- plus interest and costs. The suit is decreed.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 16,44,646/- with interest and costs.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 16,44,646/- plus interest and costs. The suit is decreed.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The case of the plaintiff is proved by the unchallenged proof affidavit as well as document which were marked as Exts. A1 to A12.

Judgment Evidence:

Hence the suit is decreed as follows: (a) It is ordered that defendant do pay to the plaintiff a sum of Rs.16,44,646/- ...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Federal Bank, Koorachundu Branch
Relation
Represented by
Party Role
Defendant
Party Name
Varkey. T.C
Party Age
49
Relation
S/o
Plaintiffs Documents
Agreement for Agricultural Loans, Pronote with security Delivery Letter, Acknowledgment of debt, Account statement, Letter evidence of deposit of title deed.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.P. Sasidharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Vishnu Narayanan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K. Ramachandran
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff seeks to recover the total amount due from the defendant.
Evidence:
It is ordered that defendant do pay to the plaintiff a sum of Rs.16,44,646/- (RUPEES SIXTEEN LAKH FORTY FOUR THOUSAND SIX HUNDRED AND FOURTY SIX ONLY) with interest thereon at the rate of 9% per annum from the date of institution of the suit till this day and with interest there on at the rate of 6% per annum from this day till realization.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to receive costs of the suit.
Evidence:
The defendant shall pay costs of the suit.

Documents & Evidence

Document Type: Agreement for Agricultural Loans
Submitted By: Plaintiff
Relevance:
Document related to the agricultural loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type: Pronote with security Delivery Letter
Submitted By: Plaintiff
Relevance:
Document evidencing the defendant's agreement to the loan terms.
Reference:
Ext.A2
Document Type: Agreement for Agricultural Loans
Submitted By: Plaintiff
Relevance:
Second agreement for another agricultural loan taken by the defendant.
Reference:
Ext.A3
Document Type: Pronote with security Delivery Letter
Submitted By: Plaintiff
Relevance:
Related to the second loan agreement of the defendant.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Defendant's acknowledgment of debt for the first loan.
Reference:
Ext.A5
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Defendant's acknowledgment of debt for the first loan.
Reference:
Ext.A6
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Defendant's acknowledgment of debt for the first loan.
Reference:
Ext.A7
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Shows the financial transactions related to the loan account.
Reference:
Ext.A8
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Shows the financial transactions related to the loan account.
Reference:
Ext.A9
Document Type: Letter evidence of deposit of title deed
Submitted By: Plaintiff
Relevance:
Evidence regarding the collateral provided for the loan.
Reference:
Ext.A10
Document Type: Link letter
Submitted By: Plaintiff
Relevance:
Document related to the mortgage linking the additional loan.
Reference:
Ext.A11
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Document evidencing the assignment of the property.
Reference:
Ext.A12

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2023

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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