Case Summary
The plaintiff, Federal Bank Ltd., filed a suit for recovery of money due under a housing loan against the defendants, Sam Scaria and Jismy John. The defendants defaulted on their loan repayments, leading to the sale of mortgaged property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover a sum of ₹13,01,054.44 from the defendants jointly and severally, plus interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed ex-parte in favor of the plaintiff. The plaintiff is allowed to recover a sum of ₹13,01,054.44 from the defendants with interest.
Why Plaintiff Won:
The plaintiff proved the loan transaction, the defendants' default, and the enforcement of security through sale under the SARFAESI Act.
The plaintiff proved the loan transaction, the defendants' default, and the enforcement of security through sale under the SARFAESI Act.
Losing Side's Weaknesses:
The plaintiff proved the loan transaction, the defendants' default, and the enforcement of security through sale under the SARFAESI Act.
The plaintiff proved the loan transaction, the defendants' default, and the enforcement of security through sale under the SARFAESI Act.
Supporting Evidence
The plaintiff has proved the loan transaction, default, enforcement of security, and part recovery through sale under the SARFAESI Act.
Judgment Evidence:
In the result, The suit is decreed ex-parte and it is ordered that: A. The plaintiff is allowed to recover a sum of ₹13,01,054.44 (Rupees Thirteen Lakhs One Thousand Fifty-Four and Forty-Four Paise only) from the defendants jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Federal Bank Ltd.
- Party Role
- Defendant
- Party Name
- Sam Scaria
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jismy John
- Party Age
- 33
- Relation
- W/o
Plaintiffs Documents
Loan application, power of attorney, promissory note, loan agreement, title deed, possession notice, sale certificate, statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Siby Mathew Thakadiyel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. S. Ramesh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover ₹13,01,054.44 from the defendants.
Evidence:
The plaintiff is therefore entitled to realize ₹13,01,054.44 from the defendants, with interest at the contractual rate of 14.4% per annum with monthly rests from 09.04.2024 till realization.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 14.4% per annum from a specified date.
Evidence:
The plaintiff is entitled to interest at the rate of 14.4% per annum with monthly rests from 09.04.2024 till the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to the costs of the suit.
Evidence:
The plaintiff is also entitled to the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the application for a housing loan made by the 1st defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction
Submitted By:
Plaintiff
Relevance:
Document confirming the sanctioning of the housing loan to the defendants.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document authorizing the 1st defendant to act on behalf of the 2nd defendant.
Reference:
Ext.A3
Document Type:
Joint Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendants' joint commitment to repay the loan.
Reference:
Ext.A4
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Document detailing the security arrangement for the housing loan.
Reference:
Ext.A5
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms and conditions of the housing loan.
Reference:
Ext.A6
Document Type:
Agreement for Interim Collateral Security
Submitted By:
Plaintiff
Relevance:
Document related to the collateral security for the loan.
Reference:
Ext.A7
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document empowering the 1st defendant regarding the loan transaction.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Document notifying the defendants about the default in loan repayment.
Reference:
Ext.A9
Document Type:
Sale Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Document providing confirmation of the sale of the mortgaged property.
Reference:
Ext.A10
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying the sale of the mortgaged property.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document detailing the outstanding liability of the defendants.
Reference:
Ext.A12
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
Document related to the legal aspects concerning the case.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Recovery of money
Case Code
Case between Federal Bank Ltd. vs Sam Scaria, Jismy John regarding recovery of money due under a housing loan
Case Code Year
Case between Federal Bank Ltd. vs Sam Scaria, Jismy John regarding recovery of money due under a housing loan