Case Summary
The South Indian Bank Ltd. initiated a suit against Supriya Biju and others for the recovery of an amount due under an education loan. The defendants failed to appear in court and the plaintiff's claims were substantiated by the evidence presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay Rs. 2,96,310.94 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of Rs. 2,96,310.94 along with interest. The plaintiff was also entitled to recover costs from the defendants.
Why Plaintiff Won:
The plaintiff established their case with sufficient evidence and documents.
The plaintiff established their case with sufficient evidence and documents.
Losing Side's Weaknesses:
The plaintiff established their case with sufficient evidence and documents.
The plaintiff established their case with sufficient evidence and documents.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendants to pay to the plaintiff the sum of 2,96,310.94/- (Rupees Two lakhs ninety six thousand three hundred ten and ninety four paise only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd.
- Party Role
- Defendant
- Party Name
- Supriya Biju
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K J Biju
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Priya Biju
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Loan Application, Sanction of credit facilities, Educational Loan agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Dominic D Vallavassery
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the outstanding loan amount including interest.
Evidence:
Hence the suit was filed. In the result, the suit is decreed as follows; It is ordered that the defendants to pay to the plaintiff the sum of 2,96,310.94/- (Rupees Two lakhs ninety six thousand three hundred ten and ninety four paise only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the plaintiff to support the case for recovery of loan.
Reference:
Ext.A1
Document Type:
Sanction of credit facilities
Submitted By:
Plaintiff
Relevance:
Document confirming the loan sanctioned to the first defendant.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the education loan taken by the first defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of receipt of copy of documents
Submitted By:
Plaintiff
Relevance:
Document indicating the defendants received a copy of the loan documents.
Reference:
Ext.A4
Document Type:
Copy of the Ledger with Certificate
Submitted By:
Plaintiff
Relevance:
Financial record showing the 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, Kottayam
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank Ltd. vs Supriya Biju et al regarding realization of money for education loan.
Case Code Year
Case between The South Indian Bank Ltd. vs Supriya Biju et al regarding realization of money for education loan.