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O.S 38/2025

Case between The South Indian Bank vs Mr. Shinoy Thomas et al regarding realization of money

Court
THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-09-29
Duration
approximately-6 years 8 months
Case Code No.
38
Case Closed
Mon, 09/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The South Indian Bank filed a suit for recovery of a personal loan amounting to Rs. 97,584/- against Mr. Shinoy Thomas, who took the loan, with Mrs. Deepa Sebastian as the guarantor. The defendants did not appear in court and remained ex parte, leading to a judgment in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of The South Indian Bank, allowing recovery of Rs. 97,584/- along with interest and costs from the defendants. The lack of response from the defendants contributed to the judgment.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹97,584/-, interest at the rate of 13.80% till the date of decree, and additional interest at 6% till realization, along with the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of The South Indian Bank, allowing recovery of Rs. 97,584/- along with interest and costs from the defendants. The lack of response from the defendants contributed to the judgment.
Why Plaintiff Won:
The evidence produced by the plaintiff sufficiently established the liability of the defendants towards the bank.
Losing Side's Weaknesses:
The evidence produced by the plaintiff sufficiently established the liability of the defendants towards the bank.
Supporting Evidence
The Present Branch Manager of the plaintiff bank is examined as PW1... His statement shows that he knows the details of the money transaction alleged in the plaint. Exts. A1 to A11 and evidence of PW1 and PW2 are sufficient to show the liability of the defendants towards plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹97,584/- (Rupees Ninety Seven Thousand Five Hundred and Eighty Four only) as on the date of suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The South Indian Bank
Party Role
Defendant
Party Name
Mr. Shinoy Thomas
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Mrs. Deepa Sebastian
Party Age
35
Relation
W/o
Plaintiffs Documents
Sanction letter dated 07.02.2019, Personal loan agreement dated 07.02.2019, Acknowledgment of receipt, Guarantee agreement dated 07.02.2019
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Sreenath D
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adv. S. Govind
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize ₹97,584/- from the defendants.
Evidence:
The court is of the view that the plaintiff is entitled for a decree for recovery of the claim amount.
Relief Type: Recovery
Outcome: Granted
Description:
Interest at the rate of 13.80% per annum on ₹97,584/- from the date of suit.
Evidence:
Plaintiff is also entitled to get interest at the rate of 13.80% per annum on ₹97,584/- from the date of suit till the date of decree.
Relief Type: Recovery
Outcome: Granted
Description:
6% interest per annum on ₹97,584/- from the date of decree till realization.
Evidence:
6% interest per annum on ₹97,584/- from the date of decree till realization of the amount.
Relief Type: Costs
Outcome: Granted
Description:
Costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendants and their assets.

Documents & Evidence

Document Type: Sanction/Renewal of Credit Facilities
Submitted By: Plaintiff
Relevance:
This document serves as proof of the loan sanction made to the first defendant.
Reference:
Ext.A1
Document Type: Personal Loan Agreement
Submitted By: Plaintiff
Relevance:
This agreement outlines the terms of the personal loan provided to the first defendant.
Reference:
Ext.A2
Document Type: Acknowledgment of Receipt of copy of document
Submitted By: Plaintiff
Relevance:
This document confirms that the first defendant received the necessary documents.
Reference:
Ext.A3
Document Type: Agreement of Guarantee
Submitted By: Plaintiff
Relevance:
This document serves as a guarantee by the second defendant for the loan taken by the first defendant.
Reference:
Ext.A4
Document Type: Office copy of Notice issued by plaintiff Bank
Submitted By: Plaintiff
Relevance:
This notice asserts the demand for repayment from the defendants.
Reference:
Ext.A5
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
This document serves as evidence of communication related to the loan.
Reference:
Ext.A6
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
This document indicates that communication was returned undelivered.
Reference:
Ext.A7
Document Type: Office copy of Notice issued by plaintiff Bank
Submitted By: Plaintiff
Relevance:
This notice was issued to the defendants regarding their loan status.
Reference:
Ext.A8
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
This document reflects acknowledgment of communication from the bank.
Reference:
Ext.A9
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
This document indicates further attempts at communication were undelivered.
Reference:
Ext.A10
Document Type: Statement of Accounts for the period from 07.02.2019 to 04.03.2025
Submitted By: Plaintiff
Relevance:
This document provides a detailed account of the loan transactions.
Reference:
Ext.A11

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
2025

Quick Facts

Location
Kanjirappally, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Wed, 01/30/2019 - 12:00
Case Closed
Mon, 09/29/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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