Case Summary
M/s HDFC Bank Ltd., a banking company, is suing Syju M Thankachan for failure to repay a home loan. The defendant defaulted on the loan payments despite the plaintiff's repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹3,08,074 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendant to pay an amount of ₹3,08,074 with interest. The plaintiff is entitled to recover the decree amount from the defendant's assets in default.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of ₹3,08,074 (Rupees Three Lakhs Eight Thousand and Seventy Four Only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s HDFC Bank Ltd
- Party Role
- Plaintiff
- Party Name
- Sachin A.S
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Syju M Thankachan
Plaintiffs Documents
Loan Agreement, Sale deed, Office copy of legal notice, Returned envelope with A/d card, Account statement, Demand promissory note, Authorization letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rosemaria Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjitha Jobi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Krishnan S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant ordered to pay the plaintiff ₹3,08,074 with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of ₹3,08,074 (Rupees Three Lakhs Eight Thousand and Seventy Four Only) with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Proves the loan agreement executed by the defendant with HDFC Ltd.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Relevant to the mortgaged property.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Shows the notice demanding payment from the defendant.
Reference:
Ext.A3
Document Type:
Returned Envelope with A/d Card
Submitted By:
Plaintiff
Relevance:
Indicates attempted service of the legal notice.
Reference:
Ext.A4
Document Type:
Returned Envelope with A/d Card
Submitted By:
Plaintiff
Relevance:
Indicates attempted service of the legal notice.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Details the defendant's loan account status.
Reference:
Ext.A6
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Confirms the full loan amount executed by the defendant.
Reference:
Ext.A7
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's authority to file the plaint.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s HDFC Bank Ltd vs Syju M Thankachan regarding suit for money
Case Code Year
Case between M/s HDFC Bank Ltd vs Syju M Thankachan regarding suit for money