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O.S. No. 1127 of 2020

Case between Housing Development Finance Corporation vs Girishkumar A.C et al regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-02-29
Duration
Case Closed
Thu, 02/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Housing Development Finance Corporation, is seeking to recover a loan amount from the defendants, Girishkumar A.C and Joji Mathew, which the first defendant allegedly defaulted on. The second defendant guaranteed the loan but disputes liability for the second loan.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount due from the defendants with interest. Additionally, the plaintiff is entitled to costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.65,980 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount due from the defendants with interest. Additionally, the plaintiff is entitled to costs of the suit.
Why Plaintiff Won:
The plaintiff proved their case with oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved their case with oral and documentary evidence.
Supporting Evidence
Considering all these aspects, it can be concluded that plaintiff is entitled to get the decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.65,980 together with interest at the rate of 9% per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Housing Development Finance Corporation
Relation
Represented by
Party Role
Defendant
Party Name
Mr. Girishkumar A.C
Relation
S/o
Party Role
Defendant
Party Name
Joji Mathew
Plaintiffs Documents
Home Loan Agreement, Promissory note, Partition deed, Letter of guarantee, Reply notice, statement of account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.P Saji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Deepa Mohan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ahalya Prakash
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shameena T.K
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rekha K.B
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Tissarant A.G.
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The plaintiff bank is allowed to recover Rs.65,980 with interest.
Evidence:
The plaintiff bank is allowed to recover Rs.65,980 (Rupees Sixty Five thousand Nine hundred and Eighty only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff bank is entitled to the costs of the suit.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Home loan agreement
Submitted By: Plaintiff
Relevance:
This document was used to establish the terms of the loan provided to the first defendant.
Reference:
Ext.A1
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
This document was executed by the first defendant assuring repayment.
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document serves as security for the loan through equitable mortgage.
Reference:
Ext.A3
Document Type: Letter of guarantee
Submitted By: Plaintiff
Relevance:
This document was executed by the second defendant guaranteeing the repayment of the loan.
Reference:
Ext.A4
Document Type: Photocopy of letter issued by the Spices Board
Submitted By: Plaintiff
Relevance:
This document confirms the transfer of documents to the plaintiff's bank.
Reference:
Ext.A5
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
This document was submitted to establish the property’s encumbrances.
Reference:
Ext.A6
Document Type: Nil encumbrance certificate
Submitted By: Plaintiff
Relevance:
This document supports the claim of the property's status during the loan process.
Reference:
Ext.A7
Document Type: Office copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
This document serves as evidence that the defendants were notified to repay the loan.
Reference:
Ext.A8
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This document presents the second defendant's response disputing liability.
Reference:
Ext.A9
Document Type: Print out of statement of account
Submitted By: Plaintiff
Relevance:
This document details the outstanding amounts owed by the defendants.
Reference:
Ext.A10
Document Type: Certified copy of authorization letter
Submitted By: Plaintiff
Relevance:
This document verifies the authority of the manager to represent the plaintiff.
Reference:
Ext.A11

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Housing Development Finance Corporation vs Girishkumar A.C et al regarding realisation of money
Case Code Year
Case between Housing Development Finance Corporation vs Girishkumar A.C et al regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/06/2003 - 12:00
Case Closed
Thu, 02/29/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Bank

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