Case Summary
The plaintiff, State Bank of India, is seeking to recover an amount due from the defendants who failed to repay an education loan. The defendants defaulted on their loan repayment, leading to this suit for realization of money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.3,68,676/- with interest at the rate of 13% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting the suit for recovery of the amount due. The plaintiff is entitled to recover Rs. 3,68,676/- along with interest from the defendants.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established the defendants' debt to the bank.
The evidence presented by the plaintiff clearly established the defendants' debt to the bank.
Losing Side's Weaknesses:
The evidence presented by the plaintiff clearly established the defendants' debt to the bank.
The evidence presented by the plaintiff clearly established the defendants' debt to the bank.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs.3,68,676/- (Rupees Three Lakhs Sixty Eight Thousand Six Hundred and Seventy Six only) with interest at the rate of 13% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ganga. L
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vidurar.G
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Education Loan Application, Arrangement Letter, Agreement for Term Loan, Copy of Legal Notice, Postal Receipt, Acknowledgment Card, Copy of Legal Notice, Postal Receipt, Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sreejesh.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,68,676/- with interest.
Evidence:
Hence the plaintiff is entitled to get a decree of realization of an amount of Rs.3,68,676/- (Rupees Three Lakhs Sixty Eight Thousand Six Hundred and Seventy Six only) from the defendants and their assets with interest thereon at the rate of 13% per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Education Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the application for the education loan availed by the 1st defendant.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Establishes the terms under which the education loan was provided.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
Details the agreement related to the loan repayment terms.
Reference:
Ext.A3
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Documents the legal notice issued for loan recovery.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the legal notice being sent.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the 1st defendant.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Documents the legal notice issued to the 2nd defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the legal notice being sent to the 2nd defendant.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provides the account details and outstanding amount owed by the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India et al vs Ganga. L et al regarding Realisation of Money
Case Code Year
Case between State Bank of India et al vs Ganga. L et al regarding Realisation of Money