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
The suit is decreed, allowing the plaintiff to recover Rs.4,20,007.72 from the defendant along with interest and costs. The plaintiff is entitled to reasonable interest as per the decree.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
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
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Gijo P. Mathews
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Click wrap agreement dated 27.09.2019, Statement of Loan accounts, Account statement of savings account from 01.09.2022 to 23.09.2022, Computer printout of log report pertaining to the loan account.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayakala S.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malini Das K.
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between The South Indian Bank Ltd vs Gijo P. Mathews regarding Realization Of Money
Case Code Year
Case between The South Indian Bank Ltd vs Gijo P. Mathews regarding Realization Of Money