Case Summary
The plaintiff, State Bank of India, filed this suit against the defendants for the realization of an educational loan amounting to Rs.2,61,411/- due to non-payment. The defendants defaulted on their loan obligations, resulting in the classification of their account as a non-performing asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established the case based on unchallenged evidence of the loan agreement and defaults.
The plaintiff successfully established the case based on unchallenged evidence of the loan agreement and defaults.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.2,61,411/- (Rupees Two lakhs sixty one thousand four hundred and eleven only) along with interest @9% per annum from the date of suit till the date of decree and 6% from the date of decree till realization.
Parties Involved
Plaintiffs
State Bank of India (Age not specified years)
Centralized Processing Centre-2, Panampilly Nagar, Ernakulam - 682 036
Defendants
Jinu Devi T G (25 years)
Jisin Nivas, Tharayil House, M L A Road, Udayamperoor, Manakkunnam - 682 307
Gopalakrishnan T G (61 years)
Jisin Nivas, Tharayil House, M L A Road, Udayamperoor, Manakkunnam - 682 307
Sudha Gopalakrishnan (Age not specified years)
Jisin Nivas, Tharayil House, M L A Road, Udayamperoor, Manakkunnam - 682 307
Jisin Gopal (Age not specified years)
Jisin Nivas, Tharayil House, M L A Road, Udayamperoor, Manakkunnam - 682 307
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff shall recover Rs.2,61,411/- with interest from defendants.
Evidence:
Defendants shall pay Rs.2,61,411/- (Rupees Two lakhs sixty one thousand four hundred and eleven only) along with interest @9% per annum from the date of suit till the date of decree and 6% from the date of decree till realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are personally and their assets liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application dated 16.08.2017 for the educational loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This is the arrangement letter dated 04.12.2017 for the educational loan.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan under Education Loan Scheme
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the defendants for the term loan under the educational loan scheme.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer notice dated 05.07.2024 issued to the defendants demanding outstanding liability.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This is the acknowledgment card dated 11.07.2024 received by the 1st defendant confirming receipt of the notice.
Reference:
Ext.A5
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
This is the envelope returned by the 2nd defendant with the endorsement 'unclaimed'.
Reference:
Ext.A6
Document Type:
Certificate under Bankers Book Evidence Act
Submitted By:
Plaintiff
Relevance:
This certificate relates to the loan transactions of the defendants.
Reference:
Ext.A7
Document Type:
Statement of account relating to the loan account of defendants
Submitted By:
Plaintiff
Relevance:
This statement shows the transactions in the loan account of the defendants.
Reference:
Ext.A8
Document Type:
Account Statement with correct interest application
Submitted By:
Plaintiff
Relevance:
This document provides the statement of unapplied interest for the loan account.
Reference:
Ext.A9