Case Summary
HDFC Bank Limited filed a suit against Baby P C and Indian Oil Corporation Ltd regarding the non-repayment of a home loan. The case revolves around the recovery of loan arrears due to defaults in payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,47,776/- along with interest at 12% per annum from the date of the suit till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case regarding the non-repayment of a home loan.
Plaintiff established a case regarding the non-repayment of a home loan.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.3,47,776/- (Rupees Three lakhs forty seven thousand seven hundred and seventy six only) along with interest @12% per annum from the date of suit till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
HDFC Bank Limited (Age not specified years)
HDFC House, M G Road, Kochi- 682015
Defendants
Baby P C (60 years)
Pangaliputhenpurayil (Palathinkal) House, Mamala, Thiruvankulam P O- 682305
Indian Oil Corporation Ltd (Age not specified years)
Southern Region, Indian Oil Bhavan, 139 Mahatma Gandhi Road, Formerly Nungambakkam High Road, Chennai, Pin- 600034
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover an amount of Rs.3,47,776/- along with interest from the defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.3,47,776/- (Rupees Three lakhs forty seven thousand seven hundred and seventy six only) along with interest @12% per annum from the date of suit till the date of payment or realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are made personally liable for the repayment of the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization of the director board of the plaintiff authorizing its various officers.
Reference:
Ext.A1
Document Type:
Home loan agreement
Submitted By:
Plaintiff
Relevance:
Home loan agreement executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Promissory note for sanctioned loan amount
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the 1st defendant in favour of the plaintiff for the sanctioned home loan amount.
Reference:
Ext.A3
Document Type:
No objection letter
Submitted By:
Plaintiff
Relevance:
No objection letter confirming the second mortgage provided by the 2nd defendant.
Reference:
Ext.A4
Document Type:
Office copy of the notice issued by the plaintiff to the defendant
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff to the defendants regarding loan repayment.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card signed by the 1st defendant.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card signed by the 2nd defendant.
Reference:
Ext.A7
Document Type:
Office copy of the 2nd notice of the plaintiff
Submitted By:
Plaintiff
Relevance:
Second notice issued by the plaintiff to the defendants regarding loan repayment.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card signed by the 2nd defendant.
Reference:
Ext.A9
Document Type:
True extract of the home loan account
Submitted By:
Plaintiff
Relevance:
Extract of the home loan account maintained by the plaintiff.
Reference:
Ext.A10
Document Type:
Certificate of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate maintained by the plaintiff with respect to the home loan account.
Reference:
Ext.A10(a)