Case Summary
Punjab National Bank filed a suit against Uma Maheswari.N. and Sri. Nanddagopal K.A. for defaulting on an education loan of Rs. 4,00,000. The defendants failed to repay the loan despite multiple extensions and notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,74,372 and interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Punjab National Bank is entitled to recover an amount of Rs. 4,74,372 from the defendants along with interest. The defendants did not present any evidence to contest the claim.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness and the evidence presented confirmed the claim.
The unrebutted oral testimony of the plaintiff's witness and the evidence presented confirmed the claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A14 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.4,74,372/- (Rupees Four Lakhs Seventy Four Thousand Three Hundred and Seventy Two only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Uma Maheswari.N.
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sri. Nanddagopal K.A.
Plaintiffs Documents
Original loan agreement, Original supplementary agreement, Balance and security confirmation letters, Notices
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreejith S. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Remil Regi George
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh B. kurup
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.4,74,372/- from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.4,74,372/- (Rupees Four Lakhs Seventy Four Thousand Three Hundred and Seventy Two only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,74,372/-.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.4,74,372/- (Rupees Four Lakhs Seventy Four Thousand Three Hundred and Seventy Two only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,74,372/-.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,74,372/- (Rupees Four Lakhs Seventy Four Thousand Three Hundred and Seventy Two only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from from the defendants and from their assets.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The original loan agreement dated 04.09.2007 was submitted to establish the loan taken by the defendants.
Reference:
Ext.A1
Document Type:
Supplementary Agreement
Submitted By:
Plaintiff
Relevance:
The original supplementary agreement dated 12.03.2015 was submitted to show an extension of the repayment period.
Reference:
Ext.A2
Document Type:
Supplementary Agreement
Submitted By:
Plaintiff
Relevance:
The original supplementary agreement dated 26.08.2016 was submitted to indicate further extension of the repayment period.
Reference:
Ext.A3
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 01.09.2010 was submitted to establish acknowledgment of debt.
Reference:
Ext.A4
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 31.07.2013 was submitted to continue the acknowledgment of debt.
Reference:
Ext.A5
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 30.01.2014 was submitted to verify debt acknowledgment.
Reference:
Ext.A6
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 26.08.2016 was submitted to confirm acknowledgment of debt.
Reference:
Ext.A7
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 06.06.2019 was submitted to establish debt acknowledgment.
Reference:
Ext.A8
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
The original balance and security confirmation letter dated 01.06.2020 was submitted to reaffirm acknowledgment of debt.
Reference:
Ext.A9
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice dated 31.05.2023 was submitted to indicate the initiation of loan recall process.
Reference:
Ext.A10
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice dated 15.07.2023 was submitted to provide formal communication regarding the default.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card was submitted as evidence of the notice dispatched.
Reference:
Ext.A12
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
The returned envelope was submitted to show that the notice to the 1st defendant was unserved.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account along with certification was submitted to establish the outstanding amount.
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 Punjab National Bank vs Uma Maheswari.N. et al regarding realization of money
Case Code Year
Case between Punjab National Bank vs Uma Maheswari.N. et al regarding realization of money