Case Summary
This case involves Corporation Bank seeking recovery of an educational loan amount from the defendants. The defendants had defaulted on the repayment of the loans they availed for their education.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.4,54,485.81 and interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the case with unrebutted evidence.
The plaintiff established the case with unrebutted evidence.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants and from their assets.
Parties Involved
Plaintiffs
Corporation Bank (Age not specified years)
Ravipuram Branch, Emakulum-682016
Defendants
Jeouf Thomas (32 years)
Hridya Bhavan, JRA Lane No. 9, Janatha Road, Vyttila, Kochi-682019
Joy Thomas (64 years)
Hridya Bhavan, JRA Lane No. 9, Janatha Road, Vyttila, Kochi-682019
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,54,485.81 from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,54,485.81 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,54,485.81 from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,54,485.81 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 27.07.2009 for educational loan.
Reference:
Ext.A1
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Original credit sanction intimation letter dated 19.08.2009, countersigned by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 28.08.2009.
Reference:
Ext.A3
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original take delivery letter to demand promissory note dated 28.08.2009.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009 undertaking among other terms by defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 31.07.2012 acknowledging the liability under Section 18 of Limitation Act, 1963.
Reference:
Ext.A7
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 26.06.2015 acknowledging liability under Section 18 of Limitation Act, 1963.
Reference:
Ext.A8
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Original affidavit sworn by the defendants dated 25.08.2009.
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009.
Reference:
Ext.A10
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 14.05.2014.
Reference:
Ext.A11
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 24.09.2014.
Reference:
Ext.A12
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Original letter dated 27.09.2016 given by the 2nd defendant.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of loan account of defendants along with certification.
Reference:
Ext.A14
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 established the case as pleaded.
Reference: