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O.S No. 1317/2020

Case between The Federal Bank Limited vs Anila Mary Joseph et al regarding recovery of money

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-06-28
Duration

Judgement document from eCourt website

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Case Summary

The plaintiff, The Federal Bank Limited, filed a suit against the defendants, Anila Mary Joseph and Cicily Joseph, for recovery of a loan amounting to Rs. 4,99,682.44. The defendants failed to adhere to the repayment schedule after availing a loan granted for educational purposes.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, allowing the recovery of Rs. 4,99,682.44 from the defendants with interest. The plaintiff was also granted the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize the sum of Rs. 4,99,682.44 with 6% interest from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided sufficient documentation and evidence to support their claim.

Judgment Evidence:

In the result, the suit is decreed as follows 1) The plaintiff is found entitled for the sum of Rs. 4,99,682.44 with 6% interest from the date of the suit till realization.

Parties Involved

Plaintiffs

The Federal Bank Limited (Age not specified years) Registered Office Aluva Branch, Pachalam, Ernakulam – 682 012

Defendants

Anila Mary Joseph (25 years) Kolpurathu house, Kunnumel road, Vaduthala P.O, Ernakulam – 682 023, Kerala Cicily Joseph (51 years) Kolpurathu house, Kunnumel road, Vaduthala P.O, Ernakulam – 682 023, Kerala

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff seeks to recover a sum of Rs. 4,99,682.44 from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs. 4,99,682.44 from the defendant and their assets.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff claims interest on the sum awarded at a rate of 6% from the date of the suit until realization.
Evidence:
Therefore, the rate of interest from the date of the suit till realization is fixed at 6% per annum on the principal amount lent.
Relief Type: Cost
Outcome: Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
Therefore, I’m of the view that the plaintiff is entitled to realize the cost of the suit from the defendants.

Documents & Evidence

Document Type: Agreement for Federal Special Vidya Loan Scheme
Submitted By: Plaintiff
Relevance:
This document establishes the terms of the loan granted to the defendants for the 1st defendant's education.
Reference:
Ext.A1
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
This document is a written promise by the defendants to pay back the loan amount.
Reference:
Ext.A2
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
This document outlines the security measures related to the loan agreement.
Reference:
Ext.A3
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
This is a later promissory note acknowledging the debt as recognized by the defendants.
Reference:
Ext.A4
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
This document is a security delivery letter signed by the defendants acknowledging the loan.
Reference:
Ext.A5
Document Type: Balance Confirmation Letter
Submitted By: Plaintiff
Relevance:
This letter confirms the outstanding balance of the loan as acknowledged by the defendants.
Reference:
Ext.A6

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

Bank

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