Case Summary
This case involves Punjab National Bank, represented by its Chief Manager, as the plaintiff against Tony Francis and N.G. Francis regarding the recovery of an education loan. The defendants defaulted on the loan repayment, leading the plaintiff to file the suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,67,958/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are liable to pay a total of Rs.3,67,958/- along with interest to the plaintiff. The court affirmed that the defendants shall be personally liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case based on the unchallenged evidence presented.
Plaintiff established a case based on the unchallenged evidence presented.
Losing Side's Weaknesses:
Plaintiff established a case based on the unchallenged evidence presented.
Plaintiff established a case based on the unchallenged evidence presented.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,67,958/- with interest from the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.3,67,958/- along with interest @13.75 % per annum and penal interest @2% from 25.08.2023 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tony Francis
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.G Francis
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Education loan agreement dated 29.10.2011, Loan recall notice issued on 30.05.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P. Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the loan amount along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,67,958/- with interest from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by 1st and 2nd defendants for availing the education loan.
Reference:
Ext.A2
Document Type:
Agreement of Education Loan
Submitted By:
Plaintiff
Relevance:
Annexure-1 agreement related to the education loan.
Reference:
Ext.A3
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendants confirming balance and security.
Reference:
Ext.A4
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Another letter regarding balance and security confirmation.
Reference:
Ext.A5
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Further letter regarding balance and security confirmation.
Reference:
Ext.A6
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Continuing documentation of balance and security confirmation.
Reference:
Ext.A7
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Notice issued for loan recall due to default.
Reference:
Ext.A8
Document Type:
Registered Letter
Submitted By:
Plaintiff
Relevance:
Registered letter related to the case that was returned unserved.
Reference:
Ext.A9
Document Type:
Certified Copy of the Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts provided with certification under the relevant sections.
Reference:
Ext.A10
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 Loan
Case Code
Case between Punjab National Bank vs Tony Francis et al regarding realization of money.
Case Code Year
Case between Punjab National Bank vs Tony Francis et al regarding realization of money.