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
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.
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
Plaintiffs
Indu.T. (45 years)
Retail Assets Centralised Processing Centre (RACPC), 1st floor, Vankarath Towers, Pipeline Road, Bypass Junction, Palarivattom, Ernakulam, Pin- 682 024.
Defendants
James Simon (26 years)
Alappattu House, Kizhakkumuri Parambu, Room No. 24, SRM Road, Ernakulam, Pin – 682 018.
Simon Alappattu Sebastian (48 years)
Alappattu House, Kizhakkumuri Parambu, Room No. 24, SRM Road, Ernakulam, Pin – 682 018.
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