Case Summary
The case involves the State Bank of India seeking repayment of a defaulted education loan amounting to Rs.5,76,881 with interest from the defendants. The defendants did not appear in court, leading to an ex-parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,76,881 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendants to pay the amount due along with applicable interest. The defendants' assets are also liable for satisfying the decree debt.
Why Plaintiff Won:
The plaintiff established a case based on the loan agreement and the defendants' default in repayment.
The plaintiff established a case based on the loan agreement and the defendants' default in repayment.
Losing Side's Weaknesses:
The plaintiff established a case based on the loan agreement and the defendants' default in repayment.
The plaintiff established a case based on the loan agreement and the defendants' default in repayment.
Supporting Evidence
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,76,881 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,76,881 along with interest @10.05% per annum from 13.09.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- James Simon
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Simon Alappattu Sebastian
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Application cum appraisal form for education loan, Arrangement letter issued by the plaintiff, Agreement for Term Loan executed between defendants with plaintiff, Office copy of lawyer notice issued by the plaintiff to defendants, Postal receipts, Acknowledgement Cards signed by both defendants, Certified copy of Statement of Term Loan Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas.T.Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aravind Samson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the loan amount with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,76,881/ with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to realize costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application cum appraisal form for Education loan
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendants as part of the loan application process.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This letter outlines the terms of the loan that were accepted by the defendants.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
This document is the formal agreement executed between the defendants and the plaintiff bank for the loan.
Reference:
Ext.A3
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff to demand repayment of the loan from the defendants.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts relate to the lawyer's notice sent to the defendants.
Reference:
Ext.A4(a)
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card was signed by the 1st defendant confirming receipt of the lawyer's notice.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card was signed by the 2nd defendant confirming receipt of the lawyer's notice.
Reference:
Ext.A6
Document Type:
Certified Copy of Statement of Term Loan Account
Submitted By:
Plaintiff
Relevance:
This document shows the financial details related to the defendants' loan account.
Reference:
Ext.A7
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 James Simon et al regarding realization of money
Case Code Year
Case between State Bank of India vs James Simon et al regarding realization of money