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
The court ruled in favor of the plaintiff, granting recovery of the outstanding loan amount with interest from the defendants. The suit was decreed with costs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The 1st defendant has not remitted the loan amount as per the terms and conditions of the agreement and as undertaken by the 1st defendant.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Rosemary Sojo
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jojo Antony
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreeni Parameswaran
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Application Form dated 24.05.09, Sanction Letter dated 01.11.09, Memorandum of term Loan Agreement dated 18.12.09, Affidavit dated 01.12.09, Deed of undertaking dated 18.12.09.
Defendants Documents
Certified copy of Judgment in OS 166/15 of Principal Sub judge, North Paravur.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Sivakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tinu Trease M.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Nair Palakkad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Eldhose M Vargheses
- Appearance Type
- Assisting Counsel
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
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 State Bank of India vs Rosemary Sojo et al regarding realization of money.
Case Code Year
Case between State Bank of India vs Rosemary Sojo et al regarding realization of money.