Case Summary
The Federal Bank Limited is seeking recovery of a loan amount that has not been repaid by Nithin Xavier and his father Xavier C.X. The defendants failed to repay an educational loan despite repeated reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
The Federal Bank Limited (Age not specified years)
Aluva, Kerala and having a branch office at Udayamperoor, Manakunnam village, Kanayannur taluk, Ernakulam District
Defendants
Nithin Xavier (27 years)
Chennoth house, Udayamperoor P.O, Udayamperoor Desom, Manakunnam village, Kanayannoor Taluk, Ernakulam District
Xavier C.X (61 years)
Chennoth house, Udayamperoor P.O, Udayamperoor Desom, Manakunnam village, Kanayannoor taluk, Ernakulam District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of ₹6,93,101.04 with future interest.
Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Application for Education Loan
Submitted By:
Plaintiff
Relevance:
This document was part of proof affidavit and was used to establish the claim for the education loan.
Reference:
Ext.A1
Document Type:
Sanction order cum reporting statement
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence to support the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
This document was used to verify the loan scheme terms agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
Agreement for interest subsidy
Submitted By:
Plaintiff
Relevance:
This document details the interest subsidy terms associated with the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking cum declaration
Submitted By:
Plaintiff
Relevance:
This document outlines the defendants' commitment regarding the loan.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is evidence of the loan amount agreed by the defendants.
Reference:
Ext.A6
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document relates to the security pledged by the defendants for the loan.
Reference:
Ext.A7
Document Type:
Bonafide Certificate
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the defendants' enrollment in the educational institution.
Reference:
Ext.A8
Document Type:
Letter of confirmation of balance outstanding
Submitted By:
Plaintiff
Relevance:
This document was used to establish acknowledged liabilities by the defendants.
Reference:
Ext.A9
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document demonstrates the plaintiff's attempt to recover dues through legal notice.
Reference:
Ext.A11
Document Type:
Loan Account Extract
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the defendants' loan status as of the specified date.
Reference:
Ext.A14