Case Summary
Punjab National Bank is suing Shejoy T.J. and Jojan T.X. for the repayment of an education loan given for higher education. The defendants defaulted on the loan, leading to the bank classifying their account as a non-performing asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs. 5,18,665 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff, Punjab National Bank, is entitled to realize a sum of Rs. 5,18,665 from the defendants along with interest and costs. The defendants did not appear in court to contest the claim.
Why Plaintiff Won:
The evidence provided by the plaintiff was uncontroverted and established the claim for recovery of the loan amount.
The evidence provided by the plaintiff was uncontroverted and established the claim for recovery of the loan amount.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was uncontroverted and established the claim for recovery of the loan amount.
The evidence provided by the plaintiff was uncontroverted and established the claim for recovery of the loan amount.
Supporting Evidence
The unrebutted oral testimony of PW1 and A1 to A4 and A6 and A7 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs. 5,18,665 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Party Role
- Defendant
- Party Name
- Shejoy T.J.
- Party Age
- 20
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jojan T.X.
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original agreement of education loan dated 16.07.2014, Statement of account of the defendant dated 24.02.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Vilson
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.T. Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.5,18,665 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.5,18,665 from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,18,665 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,18,665 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original agreement of education loan
Submitted By:
Plaintiff
Relevance:
Executed by defendant.
Reference:
Ext.A1
Document Type:
Annexure I Agreement of education loan
Submitted By:
Plaintiff
Relevance:
Related to the original loan agreement.
Reference:
Ext.A2
Document Type:
Original balance and security confirmation letter
Submitted By:
Plaintiff
Relevance:
Document confirming the balance and security.
Reference:
Ext.A3
Document Type:
Original balance and security confirmation letter
Submitted By:
Plaintiff
Relevance:
Another confirmation of the balance and security.
Reference:
Ext.A4
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of communication.
Reference:
Ext.A6
Document Type:
Statement of account of the defendant
Submitted By:
Plaintiff
Relevance:
Statement detailing the amount due from the defendants.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 established the plaintiff's case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Punjab National Bank vs Shejoy T.J. et al regarding realization of money.
Case Code Year
Case between Punjab National Bank vs Shejoy T.J. et al regarding realization of money.