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
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
Why Plaintiff Won:
The plaintiff proved their case with oral and documentary evidence.
The plaintiff proved their case with oral and documentary evidence.
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
Plaintiffs
Housing Development Finance Corporation (Age not specified years)
M.G Road, Kochi - 16
Defendants
Mr. Girishkumar A.C (null years)
Cherla Srimangala Village, Chettali Village, Village Panchayat, Somwarpet Taluk, Kodagu District, working as Senior Field officer, Spices Board, No. A-57, Basaveshwara Road, Somwarpet, Kodagu District, Pin 571 236
Joji Mathew (Age not specified years)
Palarivattom P.O, Kochi 682025, residing at Vayalilkalappura House, Mannanam P.O, Kottayam
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