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O.S. No. 129/2024

Case between The Federal Bank Ltd vs Fathima Jaleel Ponthanal et al regarding Money Realization

Court
Court of Munsiff, Ernakulam
Judge
Smt. leedi.K.Dinamany
Order Date
2025-02-17
Duration

Judgement document from eCourt website

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Case Summary

This case involves a suit filed by The Federal Bank Ltd against Fathima Jaleel Ponthanal and others for the realization of money related to an education loan. The defendants defaulted in repayment, leading to a legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants pay Rs.2,35,886.77/- along with interest to the plaintiff. Defendants' assets are liable to satisfy the debt, and plaintiff is entitled to costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.2,35,886.77/- (Rupees Two lakhs thirty five thousand eight hundred eighty six and seventy seven paise only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff. 2) Defendants shall be personally and their assets shall also be liable to satisfy the decree debt. 3) Plaintiff is also entitled to realize the costs of the suit.

Parties Involved

Plaintiffs

The Federal Bank Ltd (Age not specified years) Aluva and branch at Sea Port Airport Road, Kakkanad, Ernakulam, Pin Code-682030

Defendants

Fathima Jaleel Ponthanal (27 years years) 9 A1, Tower 1, Manjooran Orchid Meadow, Kakkanad P O, Pin Code-682030, Ernakulam District Saji Ponthanal (57 years years) 9 A1, Tower 1, Manjooran Orchid Meadow, Kakkanad P O, Pin Code-682030, Ernakulam District

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Plaintiff awarded Rs.2,35,886.77 with interest
Evidence:
Plaintiff is entitled to realize an amount of Rs.2,35,886.77/- with interest from the defendants.
Relief Type: Interest Rate Adjustment
Outcome: Partly Granted
Description:
Plaintiff's claimed interest rate adjusted from 15.25% to 12% per annum
Evidence:
Plaintiff is entitled interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to realize the costs of the suit
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Federal Vidya Loan Agreement
Submitted By: Plaintiff
Relevance:
Plaintiff established the loan agreement terms
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Plaintiff provided promissory note as evidence
Reference:
Ext.A2
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
Plaintiff submitted document related to security delivery
Reference:
Ext.A3
Document Type: Certified copy of Computer printout
Submitted By: Plaintiff
Relevance:
Plaintiff presented evidence of loan transaction specifics
Reference:
Ext.A4
Document Type: Statement regarding interest
Submitted By: Plaintiff
Relevance:
Plaintiff provided statements of manually calculated interest
Reference:
Ext.A5
Document Type: Statement regarding penal Interest
Submitted By: Plaintiff
Relevance:
Plaintiff submitted evidence of penal interest applied
Reference:
Ext.A6
Document Type: Statement regarding the rate of Interest
Submitted By: Plaintiff
Relevance:
Plaintiff provided statements of rate of interest applied
Reference:
Ext.A7
Document Type: Copy of legal notice
Submitted By: Plaintiff
Relevance:
Plaintiff issued legal notice to defendants
Reference:
Ext.A8
Document Type: Cover containing the notice addressed to the 1st defendant returned unserved
Submitted By: Plaintiff
Relevance:
Plaintiff received unserved notice
Reference:
Ext.A9
Document Type: Cover containing the notice addressed to the 2nd defendant returned unserved
Submitted By: Plaintiff
Relevance:
Plaintiff received unserved notice
Reference:
Ext.A10

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
50%

Involved Entities

Bank

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