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O.S. No.1024/2023

Case between State Bank of India vs Chinju Madhu et al regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-07-03
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, allowing recovery of the loan amount along with interest from the defendants.
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
The suit was decreed in favor of the plaintiff, allowing recovery of the loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff established a case through unchallenged oral testimony and evidence.
Losing Side's Weaknesses:
The plaintiff established a case through unchallenged oral testimony and evidence.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Ext. A1 to A5, I am of the view that plaintiff has established a case.

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

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Relation
represented by
Party Role
Defendant
Party Name
Chinju Madhu
Party Age
24
Relation
D/o
Party Role
Defendant
Party Name
Stella Madhu
Party Age
51
Relation
W/o
Plaintiffs Documents
Application dated 02.03.2020, Arrangement letter dated 17.03.2020, Agreement dated 17.03.2020, Copy of Lawyer's notice dated 02.05.2023, Acknowledgment card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Renny Augustine
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Chinju Madhu et al regarding realization of money
Case Code Year
Case between State Bank of India vs Chinju Madhu et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 03/02/2020 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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