Case Summary
The plaintiff, State Bank of India, filed a suit against the defendants for the recovery of an education loan amounting to Rs. 2,95,641. The defendants failed to make timely repayments as per their agreement with the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of amount of Rs.2,95,641 with interest at the rate of 15.1% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, entitling them to the recovery of Rs. 2,95,641 along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to establish the debt owed by the defendants.
The plaintiff provided sufficient evidence to establish the debt owed by the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff proved his case through the deposition of PW1 also Exts. A1 to A8 documents. There is no contra evidence.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.2,95,641/- (Rupees Two Lakhs Ninety Five Thousand Six Hundred and Forty One only) with interest at the rate of 15.1% 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, with costs from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Kollam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Athira.S.
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- G. Raveendran
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
29-10-2015 Education Loan Application, 21-11-2015 Sanction Letter, 30-12-2015 Agreement for Term Loan, 12-08-2024 Copy of Legal Notice, 12-08-2024 Postal Receipt, 12-08-2024 Legal Notice, 12-08-2024 Postal receipt, 07-08-2024 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
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount due from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.2,95,641/- (Rupees Two Lakhs Ninety Five Thousand Six Hundred and Forty One only) with interest at the rate of 15.1% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff sought costs associated with the suit.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Education Loan Application
Submitted By:
Plaintiff
Relevance:
This document demonstrates the loan application by the first defendant for the education loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the sanctioning of the education loan to the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was granted and needs to be repaid.
Reference:
Ext.A3
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the first defendant regarding the outstanding loan amount.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the issuance of the legal notice to the first defendant.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was addressed to the second defendant regarding the outstanding loan.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the issuance of the legal notice to the second defendant.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This statement provides the details of the outstanding balance due on the loan.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India, Kollam vs Athira.S., G. Raveendran regarding Realisation of Money
Case Code Year
Case between State Bank of India, Kollam vs Athira.S., G. Raveendran regarding Realisation of Money