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O.S. No. 1162/2023

Case between The Federal Bank Ltd vs Akhila M. S, Sunilkumar M.T, Sudha V R regarding recovery of money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2024-12-03
Duration
approximately-8 years 11 months
Case Closed
Tue, 12/03/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves The Federal Bank Ltd seeking recovery of an outstanding loan amount from the defendants, who had availed an education loan. The defendants have admitted the claim but indicate intentions to repay the amount pending work opportunities.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendants to pay Rs.5,57,000/- to the plaintiff along with interest. The case was decreed in favor of the plaintiff due to the defendants' admission of the loan.
Judgment Favored
Plaintiff
Relief Granted
Rs.5,57,000/- with interest
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay Rs.5,57,000/- to the plaintiff along with interest. The case was decreed in favor of the plaintiff due to the defendants' admission of the loan.
Why Plaintiff Won:
The defendants admitted the plaint claim, acknowledging the outstanding loan amount.
Losing Side's Weaknesses:
The defendants admitted the plaint claim, acknowledging the outstanding loan amount.
Supporting Evidence
The defendants admit that they had availed a loan and the same is still in dues as claimed by the plaintiff.

Judgment Evidence:

Since the defendants filed written statement admitting the plaint claim, and considering that no further issues remains to be adjudicated in this case, the suit is decreed as follows: The defendants shall pay Rs.5,57,000/- (Rupees Five lakhs Fifty Seven thousand only) to the plaintiff with interest of 12% per annum from the date of filing of this suit to the date of decree and thereafter 6% per annum till its realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Akhila M. S
Party Age
27
Relation
D/o
Party Role
Defendant
Party Name
Sunilkumar M.T.
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Sudha V R
Party Age
49
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.S. Kiran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lisha William
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
E.K. Ramesh Kartha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rohith R. Kartha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.S. Abdul Khadir
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff seeks recovery of the outstanding loan amount.
Evidence:
The suit is decreed as follows: (i) The defendants shall pay Rs.5,57,000/- (Rupees Five lakhs Fifty Seven thousand only) to the plaintiff with interest of 12% per annum from the date of filing of this suit to the date of decree and thereafter 6% per annum till its realization.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled for costs of the suit.
Evidence:
(ii) The plaintiff is entitled for costs of the suit.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to refund of court fees.
Evidence:
(iii) The plaintiff is entitled to get refund of court fees, if any, as per law.

Documents & Evidence

Document Type: Federal Special Vidya Loan Agreement
Submitted By: Plaintiff
Relevance:
Document executed by defendants to agree to repay the education loan.
Reference:
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document ensuring repayment of the loan by defendants.
Reference:
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
Document executed by defendants to provide security for the loan repayment.
Reference:
Document Type: Agreement under the Central Sector Scheme of Interest Subsidy
Submitted By: Plaintiff
Relevance:
Document executed to avail interest subsidy on the education loan.
Reference:
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Notice issued to defendants recalling the outstanding loan amount.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between The Federal Bank Ltd vs Akhila M. S, Sunilkumar M.T, Sudha V R regarding recovery of money
Case Code Year
Case between The Federal Bank Ltd vs Akhila M. S, Sunilkumar M.T, Sudha V R regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 12/03/2016 - 12:00
Case Closed
Tue, 12/03/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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