Case Summary
The South Indian Bank Ltd. filed a suit against Bibin Mathew and Rincy Prasad for the recovery of a vehicle loan. The defendants defaulted on their repayments despite the bank's repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize ₹3,95,752/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest.
Why Plaintiff Won:
The plaintiff bank provided sufficient evidence to establish the liability of the defendants.
The plaintiff bank provided sufficient evidence to establish the liability of the defendants.
Losing Side's Weaknesses:
The plaintiff bank provided sufficient evidence to establish the liability of the defendants.
The plaintiff bank provided sufficient evidence to establish the liability of the defendants.
Supporting Evidence
Defendants could not rebut the evidence produced by the plaintiff. Hence the court is of the view that the plaintiff is entitled for a decree for recovery of the claim amount.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹3,95,752/- (Rupees Three Lakhs Ninety Five Thousand Seven Hundred and Fifty Two only) as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd.
- Party Role
- Defendant
- Party Name
- Mr. Bibin Mathew
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Rincy Prasad
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Application Form for Vehicle Loan, Loan Sanction Letter, Mobiloan (Vehicle Loan) cum hypothecation agreement, Agreement of Guarantee, Copy of Lawyer’s notice issued by Adv. Binu R, Postal Receipts, Acknowledgment Cards, Certified copy of account ledger from South Indian Bank Ltd.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Binu R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Raghavan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹3,95,752/- with interest from the defendants
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of the claim amount.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendants
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Vehicle loan application
Submitted By:
Plaintiff
Relevance:
Document submitted for loan approval
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document sanctioning the loan
Reference:
Ext.A2
Document Type:
Mobiloan (Vehicle Loan) cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining loan and hypothecation details
Reference:
Ext.A3
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
Document guaranteeing the loan repayment
Reference:
Ext.A4
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice issued for loan repayment demand
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipts as proof of sending communications
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of delivery of notice
Reference:
Ext.A7
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
Financial record of the loan account
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2023