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
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding amount due with interest. The defendants failed to appear in court, leading to a decision in their absence.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove 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
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Edison Thomas
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy Martin
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 02.09.14, Arrangement letter dated 18.10.14, Agreement for term loan under Education loan schemes dated 18.10.14, Copy of the lawyer notice dated 10.07.24 issued to the defendants, Acknowledgment card (2 nos), Certificate under Banker’s Book Evidence Act, Statement of account bearing A/c no. 34329546182 issued by the SBI, Petta Branch for the period from 01.01.14 to 01.01.25, Account of statement with correct interest application issued by plaintiff bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manzoor Ali K.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meharunisa Najeeb
- Appearance Type
- Main Counsel
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
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 Edison Thomas, Lissy Martin regarding Suit for money.
Case Code Year
Case between State Bank of India vs Edison Thomas, Lissy Martin regarding Suit for money.