Case Summary
The South Indian Bank Ltd filed a suit for the realization of an amount due from the defendants under an education loan. The defendants committed default in repayment of the loan they availed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay to the plaintiff the sum of Rs. 6,71,705 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff a sum of Rs. 6,71,705 with interest. The plaintiff is also entitled to recover the costs.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Supporting Evidence
There is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence the plaintiff is entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.It is ordered that the defendants to pay to the plaintiff the sum of 6,71,705/- (Rupees six lakh seventy one thousand seven hundred and five only) with interest thereon at the rate of 6% per annum for the principal amount of 2,76,000/- (Rupees two lakh and seventy six thousand only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd
- Party Role
- Defendant
- Party Name
- Dileep K Ponnappan
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ponnnappan K K
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Sanction Letter from the Bank, Education Loan Agreement, Agreement between the student and branch of the bank, Acknowledgment receipt of copy of documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anupa Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aleena Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the plaintiff the sum of Rs. 6,71,705/- with interest.
Evidence:
In the result , the suit is decreed as follows; It is ordered that the defendants to pay to the plaintiff the sum of 6,71,705/- (Rupees six lakh seventy one thousand seven hundred and five only) with interest thereon at the rate of 6% per annum for the principal amount of 2,76,000/- (Rupees two lakh and seventy six thousand only) from the date of decree till its realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan application by the defendants.
Reference:
Ext.A1
Document Type:
Sanction Letter from the Bank
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence showing that the loan was sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document details the terms of the education loan availed by the defendants.
Reference:
Ext.A3
Document Type:
Agreement between the student and branch of the bank
Submitted By:
Plaintiff
Relevance:
This document specifies the agreement terms between the student and the bank regarding the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment receipt of copy of documents
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the defendants acknowledged receipt of the loan-related documents.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document indicates the acknowledgment by the defendants concerning their debt obligation.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the account statement outlining the outstanding amount due from the defendants.
Reference:
Ext.A7
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This document was part of the legal communication sent to the defendants regarding the loan.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending legal notices to the defendants.
Reference:
Ext.A9
Document Type:
Acknowledgment Card-addressed to D1
Submitted By:
Plaintiff
Relevance:
This document shows that D1 received the notifications sent by the plaintiff.
Reference:
Ext.A10
Document Type:
Acknowledgment Card-addressed to D2
Submitted By:
Plaintiff
Relevance:
This document shows that D2 received the notifications sent by the plaintiff.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between The South Indian Bank Ltd vs Dileep K Ponnappan et al regarding realization of money.
Case Code Year
Case between The South Indian Bank Ltd vs Dileep K Ponnappan et al regarding realization of money.