Case Summary
This case involves The South Indian Bank Ltd. seeking to recover money from Binu Peter Payyoor, who defaulted on a personal loan. The bank claims that an amount of Rs. 3,64,694.80 is due as per the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs. 3,64,694.80 along with interest @ 12.95% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of The South Indian Bank Ltd., ordering Binu Peter Payyoor to pay Rs. 3,64,694.80 along with interest. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
Plaintiff established a case due to the default in repayment of the loan.
Plaintiff established a case due to the default in repayment of the loan.
Losing Side's Weaknesses:
Plaintiff established a case due to the default in repayment of the loan.
Plaintiff established a case due to the default in repayment of the loan.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs. 3,64,694.80/- with interest from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs. 3,64,694.80/- along with interest @ 12.95 % per annum from the date of suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Binu Peter Payyoor
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Terms and Conditions, Account statement of Loan account 0025651000000585, The Account statement of savings account no: 0025053000016301, Certified computer printout of Log report pertaining to the Loan account no: 0025651000000585.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varughese Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mithul T Anto
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anlit Theresa Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayakala S S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.3,64,694.80 from the defendant along with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,64,694.80/- with interest from the defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 12.95% per annum from the date of suit till the date of decree.
Evidence:
Plaintiff is entitled to interest at the rate of 12.95 % per annum from the date of suit till the date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to 6% interest from the date of decree till payment or realization.
Evidence:
Plaintiff is entitled to interest at the rate of 12.95 % per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Documents & Evidence
Document Type:
Terms and Conditions
Submitted By:
Plaintiff
Relevance:
Shows the terms and conditions accepted by the defendant.
Reference:
Ext.A1
Document Type:
Statement of Loan Account
Submitted By:
Plaintiff
Relevance:
Certified statement of loan account No. 0025651000000585.
Reference:
Ext.A2
Document Type:
Account Statement of Savings Account
Submitted By:
Plaintiff
Relevance:
Certified account statement of savings account No. 0025053000016301.
Reference:
Ext.A3
Document Type:
Certified Computer Printout of Log Report
Submitted By:
Plaintiff
Relevance:
Certified computer printout of log report pertaining to loan account No. 0025651000000585.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank Ltd. vs Binu Peter Payyoor regarding realization of money.
Case Code Year
Case between The South Indian Bank Ltd. vs Binu Peter Payyoor regarding realization of money.