Case Summary
The plaintiff, Punjab National Bank, is suing the defendants, Mohammed Samith Muftha and Fathima Subair, for recovery of an educational loan amount due. The defendants did not repay the loan, leading to the plaintiff filing a suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay Rs.1,58,890/- with 9% interest per annum from date of suit
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of Rs.1,58,890/- along with interest. The defendants did not appear in court to contest the claims.
Why Plaintiff Won:
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
The unchallenged proof affidavit and documents from the plaintiff satisfactorily proved the claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants jointly and severally to pay an amount of Rs.1,58,890/- with 9% interest per annum from the date of suit (ie, from 22.8.2023) till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohammed Samith Muftha
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathima Subair
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Original of terms and conditions of Education issued by plaintiff accepted by the defendants, Original agreement of Education loan dated 15.12.14, Certified copy of statement of account with certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P.Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree directing the defendants jointly and severally to pay an amount of Rs.1,58,890/-.
Evidence:
In the result, the suit is decreed directing the defendants jointly and severally to pay an amount of Rs.1,58,890/-.
Documents & Evidence
Document Type:
Terms and Conditions of Education
Submitted By:
Plaintiff
Relevance:
Original of terms and conditions of Education issued by plaintiff accepted by the defendants.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement of Education loan Annexure I.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement of Education loan Annexure II.
Reference:
Ext.A3
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Original balance and security confirmation letter.
Reference:
Ext.A4
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Original balance and security confirmation letter.
Reference:
Ext.A5
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Photocopy of re-call notice.
Reference:
Ext.A6
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of statement of account with certificate.
Reference:
Ext.A8
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 Punjab National Bank vs Mohammed Samith Muftha et al regarding recovery of money
Case Code Year
Case between Punjab National Bank vs Mohammed Samith Muftha et al regarding recovery of money