Case Summary
The Federal Bank Ltd is suing Herbert Calvin Rodrigues and Linus Vincent Rodrigues for repayment of an education loan. The defendants defaulted on the loan repayment, leading the plaintiff to initiate this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 8,85,591.54 with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved its case through unchallenged oral testimony and supporting documents.
The plaintiff proved its case through unchallenged oral testimony and supporting documents.
Judgment Evidence:
The suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 8,85,591.54 from the defendants jointly and severally with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
The Federal Bank Ltd (Age not specified years)
Alwaye and branch at Infopark/Kakkanad, Inforpark P. O, Pin Code – 682 042 Ernakulam District
Defendants
Herbert Calvin Rodrigues (32 years)
House No. 40/5319, High Court Road, Near Infant Jesus Church, Pin Code682 031
Linus Vincent Rodrigues (65 years)
House No. 40/5319, High Court Road, Near Infant Jesus Church, Pin Code682 031
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the loan amount along with interest.
Evidence:
The plaintiff has proved its case and therefore, he is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favor of the plaintiff bank, outlining the loan terms.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Jointly executed by the defendants in favor of the plaintiff bank as a loan security.
Reference:
Ext.A2
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Jointly executed by the defendants, establishing further security for the loan.
Reference:
Ext.A3
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Executed by both defendants, acknowledging the debt due to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the outstanding loan amount as of a specific date.
Reference:
Ext.A5
Document Type:
Statement Regarding Rate of Interest
Submitted By:
Plaintiff
Relevance:
Details the applicable interest rate for the loan.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants regarding default in payments.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the first defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the second defendant.
Reference:
Ext.A9