Case Summary
The plaintiff, State Bank of India, is seeking to recover an education loan amount from the defendants, Chinju Madhu and Stella Madhu, who defaulted on repayment. The case was heard ex parte as the defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to realize Rs. 1,28,802 along with interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case through unchallenged oral testimony and evidence.
The plaintiff established a case through unchallenged oral testimony and evidence.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,28,802 from the defendants and from their assets.
Parties Involved
Plaintiffs
State Bank of India (Age not specified years)
Retail Assets Centralized Processing Centre, 1st Floor, Vankarath Towers, By Pass Junction, Palarivattoom, Ernakulam, Kochi682 024
Defendants
Chinju Madhu (24 years)
Nammanikara House, Pulikkal Building, Chithrapuzha, Thiruvankulam P.O., Ernakulam, Kochi682 305
Stella Madhu (51 years)
Nammanikara House, Pulikkal Building, Chithrapuzha, Thiruvankulam P.O., Ernakulam, Kochi682 305
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover Rs. 1,28,802 along with interest from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,28,802 (Rupees One lakh twenty eight thousand eight hundred and two only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover interest at the rate of 8.80% per annum from the date of the suit till the date of decree.
Evidence:
Plaintiffs are entitled to realize interest @ 8.80% per annum for Rs. 1,28,802 (Rupees One lakh twenty eight thousand eight hundred and two only) from the date of suit till date decree from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,28,802 (Rupees One lakh twenty eight thousand eight hundred and two only) from date of decree till date of realization from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover costs of the suit from the defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
The original application dated 02.03.2020 submitted by the defendants for the loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
The original arrangement letter dated 17.03.2020 related to the loan.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
The original agreement dated 17.03.2020 which outlines the terms of the loan.
Reference:
Ext.A3
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
The copy of the lawyer notice dated 02.05.2023 demanding repayment from the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card related to the lawyer's notice sent to the defendants.
Reference:
Ext.A5
Document Type:
True Copy of Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of accounts which was marked subject to provisions of the Indian Evidence Act but not accepted in evidence.
Reference:
Ext.A6