Case Summary
This case involves Vijaya Bank suing Sumithra.T.P. and Kurian Mathew for the recovery of a loan amount that the defendants defaulted on. The defendants were absent from the proceedings, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs 2,86,884/- with interest at the rate of 16.75 % per annum from the date of suit till realization.
Case Type
Original Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to realize an amount of Rs 2,86,884/- along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff has proved his case by adducing cogent and reliable evidence.
The plaintiff has proved his case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff has proved his case by adducing cogent and reliable evidence.
The plaintiff has proved his case by adducing cogent and reliable evidence.
Supporting Evidence
I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. 1 Plaintiff is entitled to realise an amount of Rs 2,86,884/- (Rupees Two Lakh Eighty Six Thousand Eight Hundred and Eighty Four only) with interest at the rate of 16.75 % per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Party Role
- Defendant
- Party Name
- Sumithra.T.P.
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kurian Mathew
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Loan application dated 13.12.2011, Loan Sanction dated 15.12.2011, Demand Promissory Note, Acknowledgments of liability, Letter of Repayment, Loan Agreement cum Hypothecation Deed, Letter of Guarantee, Copy of lawyer notice dated 31.08.2016, Copy of statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.V.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the loan amount with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Defendants applied for a loan facility.
Reference:
Ext.A1
Document Type:
Loan Sanction
Submitted By:
Plaintiff
Relevance:
Loan was sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Defendants executed a promissory note to repay the loan.
Reference:
Ext.A3
Document Type:
Acknowledgments of liability
Submitted By:
Plaintiff
Relevance:
Documents showing acknowledgement of the loan liability.
Reference:
Ext.A4 and Ext.A5
Document Type:
Letter of Repayment
Submitted By:
Plaintiff
Relevance:
Document related to repayment conditions.
Reference:
Ext.A6
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the loan.
Reference:
Ext.A7
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee provided by the second defendant.
Reference:
Ext.A8
Document Type:
Lawyer notices
Submitted By:
Plaintiff
Relevance:
Notices sent to defendants for repayment.
Reference:
Ext.A9 and Ext.A10
Document Type:
Returned lawyer notices
Submitted By:
Plaintiff
Relevance:
Notices returned undelivered.
Reference:
Ext.A11 and Ext.A12
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details of the loan transaction and outstanding amount.
Reference:
Ext.A13
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Vijaya Bank, Rep. By its Branch Manager vs Sumithra.T.P., Kurian Mathew regarding realization of money.
Case Code Year
Case between Vijaya Bank, Rep. By its Branch Manager vs Sumithra.T.P., Kurian Mathew regarding realization of money.