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O.S No. 913/2023

Case between State Bank of India et al vs Ann Mary Sunny Pallan et al regarding recovery of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-11-30
Duration
approximately-10 years 4 months
Case Closed
Sat, 11/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

State Bank of India filed a suit against Ann Mary Sunny Pallan and Jancy Sunny for the recovery of an outstanding education loan amount. The defendants failed to repay the loan, resulting in the account being classified as a Non-Performing Asset.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount along with interest. The defendants were found to be absent during the proceedings, leading to the ex-parte decision.
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹6,26,164 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount along with interest. The defendants were found to be absent during the proceedings, leading to the ex-parte decision.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

The suit is decreed directing the defendant to pay an amount of 6,26,164/- with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
represented by its Manager Indu T, W/o Biju P.K
Party Role
Defendant
Party Name
Ann Mary Sunny Pallan
Party Age
27
Relation
D/o Sunny Pallan
Party Role
Defendant
Party Name
Jancy Sunny
Party Age
56
Relation
W/o Sunny Pallan
Plaintiffs Documents
Application cum appraisal form for Educational loan, Arrangement letter for Term loan, Agreement for term loan, Copy of the lawyer notice, Statement of account maintained by the plaintiff.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Thomas T Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Achu Subja Abraham
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Aravind Samson
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
The suit is decreed directing the defendant to pay an amount of 6,26,164/- with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff sought costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.

Documents & Evidence

Document Type: Application cum appraisal form for Educational loan
Submitted By: Plaintiff
Relevance:
Submitted by the defendant as part of the loan application process.
Reference:
Ext.A1
Document Type: Arrangement letter for Term loan under Educational loan schemes
Submitted By: Plaintiff
Relevance:
Details the terms of the loan provided to the defendants.
Reference:
Ext.A2
Document Type: Agreement for term loan under Educational loan schemes
Submitted By: Plaintiff
Relevance:
Executed agreement detailing the obligations of the defendants.
Reference:
Ext.A3
Document Type: Copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
Notice issued to the defendants regarding the outstanding loan.
Reference:
Ext.A4
Document Type: Notice addressed to defendant
Submitted By: Plaintiff
Relevance:
Notice returned unserved indicating the defendants could not be reached.
Reference:
Ext.A5
Document Type: Notice addressed to defendant
Submitted By: Plaintiff
Relevance:
Another notice that was returned unserved, further confirming inability to reach defendants.
Reference:
Ext.A6
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Document showing the financial details of the loan account until the specified date.
Reference:
Ext.A7

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 State Bank of India et al vs Ann Mary Sunny Pallan et al regarding recovery of money
Case Code Year
Case between State Bank of India et al vs Ann Mary Sunny Pallan et al regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 07/14/2014 - 12:00
Case Closed
Sat, 11/30/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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