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O.S No. 242/2020

Case between M/s. Syndicate Bank vs Mishal Varghese et al regarding realisation of money

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-24
Duration
approximately-3 years 9 months

Judgement document from eCourt website

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Case Summary

M/s. Syndicate Bank is seeking to recover a loan amount from the defendants, who had taken an educational loan for their studies. The defendants have failed to repay the loan and have not provided representation in court.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit in favor of the plaintiff, directing the defendants to pay the due amount with specified interest. The suit was awarded costs.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹5,12,304.64 with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence tendered by the plaintiff was uncontested and supported by documentation.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants are directed to pay to the additional 2nd plaintiff, an amount of ₹5,12,304.64/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants and their assets.

Parties Involved

Plaintiffs

M/s. Syndicate Bank (Age not specified years) Thrippunithura Branch, Palakkat Buildings, Market Junction, Thrippunithura M/s. Canara Bank (Age not specified years) Thrippunithura Branch II, Palakkat Buildings, Market Junction, Thrippunithura

Defendants

Mishal Varghese (27 years) 'Anamthuruthil’ House, Market Road, Thrippunithura - 682 301 Varghese A. M (59 years) 'Anamthuruthil' House, Market Road, Thrippunithura - 682 301 Solly Varghese (51 years) 'Anamthuruthil’ House, Market Road, Thrippunithura - 682 301 Joseph M.F (58 years) 'Mukkrukatt' House, Udayamperoor, Pin - 682 307

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to recover an amount due from the defendants.
Evidence:
The plaintiff is entitled to recover an amount of ₹5,12,304.64/- (Five Lakh Twelve Thousand Three Hundred and Four Rupee and Sixty Four Paise only) from the defendants.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to recover costs from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the additional 2nd plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document submitted to initiate the loan process for the defendants.
Reference:
Ext.A1
Document Type: Letter of Sanction
Submitted By: Plaintiff
Relevance:
Indicates the approval of the loan amount for the defendants.
Reference:
Ext.A2
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Confirms the disbursement of the first installment of the loan.
Reference:
Ext.A3
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Confirms the disbursement of the second installment of the loan.
Reference:
Ext.A4
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Confirms the disbursement of the third installment of the loan.
Reference:
Ext.A5
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Confirms the disbursement of the fourth installment of the loan.
Reference:
Ext.A6
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Confirms the disbursement of the fifth installment of the loan.
Reference:
Ext.A7
Document Type: General Agreement
Submitted By: Plaintiff
Relevance:
The agreement executed by the defendants regarding the loan.
Reference:
Ext.A8
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Document executed by the fourth defendant as a guarantor for the loan.
Reference:
Ext.A9
Document Type: Computer print out of Statement of Account
Submitted By: Plaintiff
Relevance:
Provides an account statement showing the loan transactions up to the date of the suit.
Reference:
Ext.A10
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Correspondence related to the loan account.
Reference:
Ext.A11

Quick Facts

Location
Ernakulam
Case Filed
Mon, 09/28/2020 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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