Case Summary
The plaintiff, South Indian Bank Ltd, sanctioned a loan to the defendants, who defaulted on repayment. The case was filed to recover the outstanding amount from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay ₹4,69,607/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, requiring the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The evidence adduced on the side of the plaintiff established their case.
The evidence adduced on the side of the plaintiff established their case.
Losing Side's Weaknesses:
The evidence adduced on the side of the plaintiff established their case.
The evidence adduced on the side of the plaintiff established their case.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of ₹4,69,607/- with interest thereon at the rate of 6% per annum for the principal amount of ₹1,37,000/- from the date of institution of the suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd
- Party Role
- Defendant
- Party Name
- Marit Mahima Mathew
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mathew M.J.
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sally Mathew
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Application, Sanction credit facilities, Educational Loan agreement, Agreement of guarantee, Acknowledgment of debt, Acknowledgment of debt, Acknowledgment of debt, Letter, Copy of the ledger with certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dominic D. Vallavassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hanna Dominic
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- James.K. Peter
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the principal amount from the date of institution till realization.
Evidence:
It is ordered that the... with interest thereon at the rate of 6% per annum.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed documents in favour of the plaintiff at the time of availing of loan.
Reference:
Ext.A3
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application for the loan.
Reference:
Ext.A1
Document Type:
Sanction credit facilities
Submitted By:
Plaintiff
Relevance:
Sanctioned credit facilities for the loan.
Reference:
Ext.A2
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
Agreement of guarantee executed by co-obligants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgments of debt by the defendants.
Reference:
Ext.A5 to Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Correspondence related to the loan.
Reference:
Ext.A8
Document Type:
Copy of the Ledger with Certificate
Submitted By:
Plaintiff
Relevance:
Financial documentation regarding the outstanding amount.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of Loan
Case Code
Case between The South Indian Bank Ltd vs Marit Mahima Mathew et al regarding recovery of money
Case Code Year
Case between The South Indian Bank Ltd vs Marit Mahima Mathew et al regarding recovery of money