Case Summary
The plaintiff, State Bank of India, seeks to recover an education loan amount from the defendants Gokul Kalesh and Kalesh M.K. The defendants had borrowed funds but defaulted on repayments, leading the bank to initiate this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of an amount of Rs. 4,63,000 from the defendants with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his case based on the unchallenged evidence presented.
The plaintiff proved his case based on the unchallenged evidence presented.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 4,63,000 from the defendants with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization.
Parties Involved
Plaintiffs
State Bank of India, RACPCII, Ernakulam (Age not specified years)
Panampilly Nagar, Ernakulam682 036
Defendants
Gokul Kalesh (26 years)
Maneezeth Parambil (H), SNDP Konam, West Palluruthy, Palluruthy P.O., Ernakulam682 006
Kalesh M.K. (57 years)
Mannezeth Parambil (H), SNDP Konam, West Palluruthy, Palluruthy P.O., Ernakulam682006
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought a decree for realization of loan amount along with interest.
Evidence:
the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 4,63,000 from the defendants with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The original loan application shows that the defendants approached the plaintiff for obtaining an education loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences that the plaintiff bank sanctioned the loan for Rs. 3,99,287 to the defendants.
Reference:
Ext.A2
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
The document contains various terms and conditions regarding the repayment of the loan amount and the interest payable.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document demonstrates the account status of the defendants in the plaintiff bank.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This indicates that the plaintiff issued a notice to the defendants after they defaulted on their loan payments.
Reference:
Ext.A5
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This shows that the defendants received the notice sent by the plaintiff.
Reference:
Ext.A6