Case Summary
The State Bank of India filed a suit against Edison Thomas and Lissy Martin for the recovery of an outstanding education loan amount. The defendants defaulted on the repayment of the loan, prompting the plaintiff to seek legal action to recover the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay an amount of 3,26,274/- with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 3,26,274/- (Rupees Three lakhs Twenty Six Thousand and Two hundred Seventy Four only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
State Bank of India (Age not specified years)
Centralized processing Centre -2, Panampilly Nagar, Ernakulam – 682036
Defendants
Edison Thomas (29 years)
Kuttezhathu house, Thamarassery road, Maradu P.O, Pin – 682 304.
Lissy Martin (55 years)
Kuttezhathu house, Thamarassery road, Maradu P.O, Pin – 682 304.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Request for recovery of the outstanding loan amount.
Evidence:
The suit is decreed directing the defendants to pay an amount of 3,26,274/- (Rupees Three lakhs Twenty Six Thousand and Two hundred Seventy Four only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Request for the costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Documents related to the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document issued by the bank agreeing to arrange the educational loan.
Reference:
Ext.A2
Document Type:
Agreement for term loan under Education loan schemes
Submitted By:
Plaintiff
Relevance:
Loan agreement signed by the defendants, outlining the repayment terms.
Reference:
Ext.A3
Document Type:
Copy of the lawyer notice issued to the defendants
Submitted By:
Plaintiff
Relevance:
Legal notice served to the defendants demanding repayment of the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming receipt of the legal notice by the defendants.
Reference:
Ext.A5
Document Type:
Certificate under Banker’s Book Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate confirming the bank records related to the defendants' loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the loan account details and repayment history.
Reference:
Ext.A7
Document Type:
Account Statement with correct interest application
Submitted By:
Plaintiff
Relevance:
Final account statement reflecting the correct interest calculations.
Reference:
Ext.A8