Case Summary
The plaintiffs, legal heirs of the late K.C. Rajan, are seeking a mandatory injunction against GIC Housing Finance Ltd. to return the sale deed and documents related to a housing loan. The defendants argue that the plaintiffs did not timely submit insurance claim documents and that the loan remains outstanding.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
The plaintiffs did not prove that the insurance claim was valid or that the loan was repaid.
Judgment Evidence:
In the result Suit is dismissed with costs.
Parties Involved
Plaintiffs
Laly Rajan (52 years years)
Keecheril House, Kunnackal P O, Valakam, Muvattupuzha, Ernakulam
Amal Raj (30 years years)
Keecheril House, Kunnackal P O, Valakam, Muvattupuzha, Ernakulam
Aparna Raj (24 years years)
Keecheril House, Kunnackal P O, Valakam, Muvattupuzha, Ernakulam
Sethulakshmi (85 years years)
Keecheril House, Kunnackal P O, Valakam, Muvattupuzha, Ernakulam
Defendants
GIC Housing Finance Ltd. (Age not specified years)
1st Floor, D.No. XL/5396-A, Elias Chambers, Next to Saritha Theatre, Banerji Road, Kochi- 682018
The Branch Manager, GIC Housing Finance Ltd. (Age not specified years)
1st Floor, D.No. XL/5396-A, Elias Chambers, Next to Saritha Theatre, Banerji Road, Kochi- 682018
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiffs requested a mandatory injunction to return the Sale Deed and other documents.
Evidence:
Hence it is a matter which is to be taken in pursuance of any power granted under SARFAESI Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 2622/1/2002 of Muvattupuzha SRO, provided as security for the housing loan.
Reference:
Ext.A1
Document Type:
Loan Offer Letter
Submitted By:
Plaintiff
Relevance:
Loan offer letter issued by the 1st Defendant on 30.01.2004.
Reference:
Ext.A2
Document Type:
Loan Offer Letter
Submitted By:
Plaintiff
Relevance:
Loan offer letter issued by the 2nd Defendant on 19.12.2006.
Reference:
Ext.A3
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Reply given by the 1st plaintiff to the 2nd Defendant regarding the death claim settlement.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by 1st Defendant to the plaintiff on 12.08.2013 regarding outstanding dues.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of letter dated 03.11.2008 regarding the requirement of original death certificate for insurance claim.
Reference:
Ext.B1
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Acknowledgment card showing receipt by the 1st plaintiff.
Reference:
Ext.B2
Document Type:
Status Report
Submitted By:
Defendant
Relevance:
Status report of the loan of K.C. Rajan as on 28.02.2025 showing the outstanding loan amount.
Reference:
Ext.B3