Case Summary
The Federal Bank Ltd. has filed a suit against Sri. Suraj George Joshi and Sri. Mathew N.G for the recovery of a loan amount. The defendants have failed to repay the loan as agreed, and the bank is seeking recovery of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of 6,40,268.97/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the total outstanding amount with interest. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 6,40,268.97/- (Rupees six lakhs forty thousand two hundred and sixty eight and ninety seven paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd.
- Party Role
- Defendant
- Party Name
- Sri. Suraj George Joshi
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Mathew N.G
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Agreement for Federal Special Vidya Loan Scheme, Demand Promissory Note, Security Delivery letter, Letter regarding outstanding balance, etc.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Tharakan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Francis Peter Tharakan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff an amount of 6,40,268.97/- with interest.
Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 6,40,268.97/- (Rupees six lakhs forty thousand two hundred and sixty eight and ninety seven paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement which is central to the plaintiff's claim.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note serves as evidence of the defendants' promise to pay the loan amount.
Reference:
Ext.A2
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document provides security for the loan and is relevant to the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is part of the communication regarding the loan.
Reference:
Ext.A4
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
Further details regarding the terms of the loan.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Part of the correspondence related to the loan.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Another communication regarding the loan.
Reference:
Ext.A7
Document Type:
Confirmation of Balance Outstanding letter
Submitted By:
Plaintiff
Relevance:
This confirms the outstanding amount due from the defendants.
Reference:
Ext.A8
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
This letter provides evidence of the current balance owed.
Reference:
Ext.A9
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
This serves as further confirmation of the outstanding balance.
Reference:
Ext.A10
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document reiterates the defendants' obligation to pay the loan amount.
Reference:
Ext.A11
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Provides details of the security tied to the loan.
Reference:
Ext.A12
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This printout details the transactions related to the loan from inception.
Reference:
Ext.A13
Document Type:
Manual Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement outlines recent transactions related to the account.
Reference:
Ext.A14
Document Type:
Computer printout of Statement of Penal Interest
Submitted By:
Plaintiff
Relevance:
Details penalties incurred due to non-payment.
Reference:
Ext.A15
Document Type:
Certificate showing the rate of interest
Submitted By:
Plaintiff
Relevance:
This certificate provides the basis for the interest rate applied.
Reference:
Ext.A16
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice served as a formal request for repayment.
Reference:
Ext.A17
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms delivery of the legal notice.
Reference:
Ext.A18
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Another acknowledgment confirming receipt.
Reference:
Ext.A19
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 The Federal Bank Ltd. vs Sri. Suraj George Joshi, Sri. Mathew N.G regarding realisation of money.
Case Code Year
Case between The Federal Bank Ltd. vs Sri. Suraj George Joshi, Sri. Mathew N.G regarding realisation of money.