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
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs. 5,56,017.80, along with interest and costs. The defendants were found liable due to their failure to repay the education loan.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A11 established the case as pleaded by plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd
- Party Role
- Defendant
- Party Name
- Sri. Rahul Augustine
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Augustine Joseph
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Mercy Augustine
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Multiple loan documents including loan sanction letter, agreement, and confirmation letters.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Tharakan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Francis Peter Tharakan
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The Federal Bank Ltd vs Sri. Rahul Augustine et al regarding Suit for Realization of Money
Case Code Year
Case between The Federal Bank Ltd vs Sri. Rahul Augustine et al regarding Suit for Realization of Money