Case Summary
The case involves The South Indian Bank seeking to recover a loan amount from Ms. Sonia Antony and her family members. The defendants failed to repay the loan for education purposes, leading to the bank filing a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realise the plaint claim of ₹.3,88,396/- and also to realize 9% interest from the defendants and their assets from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff bank, allowing them to recover the loan amount along with interest.
Why Plaintiff Won:
The plaintiff bank provided evidence of the loan agreement and subsequent defaults by the defendants.
The plaintiff bank provided evidence of the loan agreement and subsequent defaults by the defendants.
Losing Side's Weaknesses:
The plaintiff bank provided evidence of the loan agreement and subsequent defaults by the defendants.
The plaintiff bank provided evidence of the loan agreement and subsequent defaults by the defendants.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of ₹.3,88,396/-(Rupees Three Lakhs Eighty Eight Thousand Three Hundred and Ninety Six only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ms.Sonia Antony
- Party Age
- 26
- Relation
- D/o Antony P.V
- Party Role
- Defendant
- Party Name
- Mr.Antony P.V
- Party Age
- 57
- Relation
- S/o Varghese
- Party Role
- Defendant
- Party Name
- Sophiya Antony
- Party Age
- 45
- Relation
- W/o Antony P.V
- Party Role
- Defendant
- Party Name
- Sachin Antony
- Party Age
- 23
- Relation
- S/o Antony P.V
Plaintiffs Documents
28.02.2014 Original education loan agreement, 28.02.2014 Original sanction letter, 09.01.2020 Original Acknowledgement of debt and Security, 16.12.2022 True copy of Notice, Copy of Statement of Account (Account No. 0091655000000278)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹.3,88,396/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of ₹.3,88,396/-(Rupees Three Lakhs Eighty Eight Thousand Three Hundred and Ninety Six only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Documents & Evidence
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document establishes the terms of the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document outlines the agreed loan amount and terms.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document shows that the defendants acknowledged the debt.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Document reflects the notice issued to the defendants for repayment.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document provides details of the outstanding amount due from the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank et al vs Ms.Sonia Antony et al regarding realisation of money
Case Code Year
Case between The South Indian Bank et al vs Ms.Sonia Antony et al regarding realisation of money