Case Summary
The Federal Bank Ltd filed a suit against Sri. Rahul Augustine and others for recovery of an education loan amounting to Rs. 5,56,017.80. The defendants failed to repay the loan, leading to the bank's action to recover the outstanding dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 5,56,017.80 from the defendants and from their assets.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was found to be uncontroverted and established their claim.
The evidence presented by the plaintiff was found to be uncontroverted and established their claim.
Judgment Evidence:
In the result, suit is decreed as follows, 1. The plaintiff is entitled to realize Rs. 5,56,017.80 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 Cheranelloor P. O, Pin Code 682034, Ernakulam district
Defendants
Sri. Rahul Augustine (26 years)
Pereppilly House, Edayakunnam South Chittoor, Ernakulam, Pin Code-682027
Sri. Augustine Joseph (60 years)
Pereppilly House, Edayakunnam South Chittoor, Ernakulam, Pin Code-682 027
Smt. Mercy Augustine (58 years)
Pereppilly House, Edayakunnam South Chittoor, Ernakulam, Pin Code-682 027
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.5,56,017.80/- from the defendants.
Evidence:
In the result, suit is decreed as follows, 1. The plaintiff is entitled to realize Rs.5,56,017.80/- (Rupees Five Lakhs Fifty six thousand and seventeen and Eighty paise only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.5,56,017.80/- from the date of suit till date of decree.
Evidence:
2. The plaintiff is entitled to realize interest @ 12% per annum for Rs.5,56,017.80 /-(Rupees Five Lakhs Fifty six thousand and seventeen and Eighty paise only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,56,017.80/- from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,56,017.80 /-(Rupees Five Lakhs Fifty six thousand and seventeen and Eighty paise only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from the defendant and from their assets.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original loan sanction letter signed by defendants acknowledging the terms and conditions of the loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement of Federal Special Vidya loan scheme jointly executed by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original Demand promissory note jointly executed by the defendants.
Reference:
Ext.A3
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original security delivery letter jointly executed by the defendants.
Reference:
Ext.A4
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Original balance confirmation letter jointly executed by the defendants.
Reference:
Ext.A5
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Original balance confirmation letter jointly executed by the defendants.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice issued to the defendants through advocate.
Reference:
Ext.A7
Document Type:
Legal Notice Cover
Submitted By:
Plaintiff
Relevance:
Original cover containing the legal notice issued to the first defendant returned unserved with the endorsement 'unclaimed'.
Reference:
Ext.A8
Document Type:
Legal Notice Cover
Submitted By:
Plaintiff
Relevance:
Original cover containing the legal notice issued to the second defendant returned unserved with the endorsement 'unclaimed'.
Reference:
Ext.A9
Document Type:
Legal Notice Cover
Submitted By:
Plaintiff
Relevance:
Original cover containing the legal notice issued to the third defendant returned as 'unclaimed'.
Reference:
Ext.A10
Document Type:
Computer Printout
Submitted By:
Plaintiff
Relevance:
Certified copy of the computer printout duly certified under the bankers’ books of evidence act showing the particulars of the loan transaction granted to the defendants.
Reference:
Ext.A11
Document Type:
Interest Calculation Statement
Submitted By:
Plaintiff
Relevance:
Statement regarding the interest manually calculated for the period from 02.01.2025 to 06.01.2025.
Reference:
Ext.A12
Document Type:
Penal Interest Statement
Submitted By:
Plaintiff
Relevance:
Statement regarding penal interest applied in the loan account.
Reference:
Ext.A13
Document Type:
Interest Rate Statement
Submitted By:
Plaintiff
Relevance:
Statement regarding rate of interest applied at different periods.
Reference:
Ext.A14