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
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A8 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Athira Satheesan
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sheena Satheesan
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Original loan agreement dated 24.12.2013, Original of the promissory note, Original of the Security Delivery letter, Original of the balance confirmation letter, Copy of legal notice dated 02/07/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese J. Punnachalil
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between The Federal Bank Ltd vs Athira Satheesan et al regarding suit for realization of money
Case Code Year
Case between The Federal Bank Ltd vs Athira Satheesan et al regarding suit for realization of money