Case Summary
The plaintiff is the State Bank of India seeking recovery of a home loan amount due from the defendants. The first defendant defaulted on loan repayments and the case involves the liability of both the first and third defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.8,17,660/- with 9% interest till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants failed to comply with the loan agreement terms and defaulted on payments.
The defendants failed to comply with the loan agreement terms and defaulted on payments.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Plaintiffs
State Bank of India (Age not specified years)
Corporate Centre at Madame Cama Road, Nariman Point, Mumbai – 400 021
Defendants
Rosemary Sojo (41 years years)
218, Brown Street Paisley, Renfrewshire, Scotland, PA1 2 SN
Jojo Antony (48 years years)
Kallupurackal house, Kandankary Thayamkary Post, Kuttanadu taluk – 689 722
Sreeni Parameswaran (40 years years)
M/s Shwas Homes Pvt. Ltd, Eroor Post, Vytilla, pin – 682 306, Ernakulam District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the loan amount due including interest.
Evidence:
the suit is decreed with costs. The plaintiff is entitled to realise an amount of Rs.8,17,660/- with 9% interest till realization from the 1st and 3rd defendants.
Documents & Evidence
Document Type:
Application Form
Submitted By:
Plaintiff
Relevance:
The application form submitted by the 1st defendant for the home loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The sanction letter for the home loan amount provided to the 1st defendant.
Reference:
Ext.A2
Document Type:
Memorandum of Term Loan Agreement
Submitted By:
Plaintiff
Relevance:
The loan agreement detailing the terms under which the loan was advanced.
Reference:
Ext.A3
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
An affidavit executed by the 1st defendant related to the loan application.
Reference:
Ext.A4
Document Type:
Deed of Undertaking
Submitted By:
Plaintiff
Relevance:
The deed of undertaking signed by the 2nd defendant as Power of Attorney.
Reference:
Ext.A5
Document Type:
Agreement of Mortgage
Submitted By:
Plaintiff
Relevance:
The mortgage agreement established as security for the loan.
Reference:
Ext.A6
Document Type:
Affidavit Anexure B
Submitted By:
Plaintiff
Relevance:
Additional affidavit submitted by the 1st defendant.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney document executed by the 1st defendant in favor of the 2nd defendant.
Reference:
Ext.A8
Document Type:
Sale cum Construction Agreement
Submitted By:
Plaintiff
Relevance:
The agreement for the construction of the apartment involving the 1st defendant and the 3rd defendant.
Reference:
Ext.A9
Document Type:
Quadripartite Agreement
Submitted By:
Plaintiff
Relevance:
The quadripartite agreement involving the plaintiff and the builder.
Reference:
Ext.A10
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the 1st defendant demanding repayment.
Reference:
Ext.A11
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the 3rd defendant regarding the refund of the loan amount.
Reference:
Ext.A12
Document Type:
Unclaimed Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the 1st defendant returned unclaimed.
Reference:
Ext.A13
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The card evidencing receipt of the notice by the 3rd defendant.
Reference:
Ext.A14
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The statement detailing the transactions in the loan account of the 1st defendant.
Reference:
Ext.A15
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
The judgment related to a previous suit involving the 1st defendant and the 3rd defendant.
Reference:
Ext.B1
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
The plaint in the previous suit related to money recovery.
Reference:
Ext.B2