Case Summary
The South Indian Bank Ltd filed a suit against Gijo P. Mathews for the recovery of a loan amounting to Rs.4,20,007.72 due to default in repayment. Despite summons, the defendant did not appear, and the case was heard exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.4,20,007.72 and interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case through documentary evidence and oral testimony that remained uncontroverted.
The plaintiff established their case through documentary evidence and oral testimony that remained uncontroverted.
Judgment Evidence:
In the result, the suit is decreed as follows. Plaintiff is entitled to realize Rs.4,20,007.72 from the defendant and from his assets.
Parties Involved
Plaintiffs
The South Indian Bank Ltd (Age not specified years)
SIB House, Mission Quarters. TB Road, Thrissur680001 and Branch Among Other Places at Panampilly Nagar, Ernakulam District
Defendants
Gijo P. Mathews (39 years years)
Apartment No:23F, Door No X/218-178 Neptune, Trinity World Thrikkakara, Kakkanad P.O., Ernakulam, Pin682030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.4,20,007.72 from the defendant and from his assets.
Evidence:
In the result, the suit is decreed as follows. Plaintiff is entitled to realize Rs.4,20,007.72 from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff is entitled to realize interest at 12% per annum for Rs.4,20,007.72 from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,20,007.72 from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum for Rs.4,20,007.72 from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,20,007.72 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Click wrap agreement
Submitted By:
Plaintiff
Relevance:
The original of click wrap agreement dated 27.09.2019 accepted by the defendant.
Reference:
Ext.A1
Document Type:
Statement of Loan accounts
Submitted By:
Plaintiff
Relevance:
The statement of loan accounts along with certification.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The account statement of savings account from 01.09.2022 to 23.09.2022 along with certification.
Reference:
Ext.A3
Document Type:
Log report
Submitted By:
Plaintiff
Relevance:
The computer printout of log report pertaining to the loan account of defendant, along with certification.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the plaintiff's case.
Reference: