Case Summary
The Federal Bank Ltd filed a suit against Athira Satheesan and her mother for defaulting on an educational loan of Rs. 4,00,000 taken for studies. The bank seeks to recover the outstanding amount and accrued interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.6,42,618.56/- from the defendants and from their assets.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony and the evidence presented established the plaintiff's case.
The unrebutted oral testimony and the evidence presented established the plaintiff's case.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.6,42,618.56/- from the defendants and from their assets.
Parties Involved
Plaintiffs
The Federal Bank Ltd (Age not specified years)
Having its registered office at Aluva and branch at Elamakkara, Pin Code - 682 026. Ernakulam District
Defendants
Athira Satheesan (26 years)
Athira Nivas, Karama Road Elamakkara P.O., Pin Code - 682026. now residing at Door No. 50/88A, Near Changampuzha Samadhi Road, Edappally P.O., Pin-682 024.
Sheena Satheesan (47 years)
Athira Nivas, Karama Road Elamakkara P.O., Pin Code-682 026. now residing at Door No. 50/88A, Near Changampuzha Samadhi Road, Edappally P.O., Pin-682 024.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.6,42,618.56 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.6,42,618.56/- (Rupees six lakh forty-two thousand six hundred Eighteen and fifty six paise only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to recover interest at 12% per annum from the date of suit till date of decree.
Evidence:
2. The plaintiff is entitled to realize interest @ 12% per annum for Rs.6,42,618.56/- (Rupees six lakh forty-two thousand six hundred Eighteen and fifty six paise only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to recover interest at 6% per annum from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.6,42,618.56/- (Rupees six lakh forty-two thousand six hundred Eighteen and fifty six paise only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The original loan agreement dated 24.12.2013 established the terms of the loan provided to the first defendant.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original demand promissory note dated 24.12.2013 served as a formal commitment for repayment by the defendants.
Reference:
Ext.A2
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
The original security delivery letter dated 24.12.2013 was related to the security provided for the loan.
Reference:
Ext.A3
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance confirmation letter dated 17.11.2016 confirmed the loan amount owed by the defendants.
Reference:
Ext.A4
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance confirmation letter dated 20.12.2018 updated the owed amount confirming continued liability.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The printout of the account statement along with certification provided evidence of transactions and balance.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The copy of the legal notice dated 02/07/2019 served as proof of demand for repayment to the defendants.
Reference:
Ext.A7
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
The original returned registered cover sent to the 1st defendant was evidence of attempts to contact them.
Reference:
Ext.A8
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
The original returned registered cover sent to the 2nd defendant was also evidence of attempts to contact.
Reference:
Ext.A9