Case Summary
This case involves the Bank of Baroda, which is seeking to recover an education loan amounting to Rs.6,24,660.72 from the defendants Kalyani K and K G Prasanna Kumar. The defendants defaulted on their loan repayments despite multiple requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,24,660.72/- along with interest as directed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,24,660.72/- along with interest @11.15% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
1st Floor, M G Road Branch, Metrostation Complex, M G Road, Ernakulam- 682 035
Defendants
Kalyani K (28 years)
Near Kadavil Trikkovil, M L A Road, Udayamperoor (P O), Ernakulam- 682 307
K G Prasanna Kumar (58 years)
Near Kadavil Trikkovil, M L A Road, Udayamperoor (P O), Ernakulam- 682 307
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,24,660.72/- with interest from defendants.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,24,660.72/- with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Original of the application cum process note for loans to students dated 20.10.2018 submitted by defendants.
Reference:
Ext.A5
Document Type:
Appraisal Note
Submitted By:
Plaintiff
Relevance:
The original of the appraisal note dated 05.11.2018 prepared by the appraising officer of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original of the sanction letter dated 05.11.2018 for Rs.4,00,000/- issued by plaintiff bank.
Reference:
Ext.A3
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
Original of the articles of agreement dated 05.11.2018 executed by the defendants.
Reference:
Ext.A4
Document Type:
Education Loan Affidavit
Submitted By:
Plaintiff
Relevance:
Original of the education loan affidavit dated 05.11.2018 furnished by 1st defendant to the plaintiff bank.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account in respect of term loan in A/c No.74800500000470 duly certified under the Banker’s Book of Evidence Act.
Reference:
Ext.A6