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
The court ruled in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The decree also holds the defendants personally liable for the debt.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,61,411/- with interest from defendants.
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
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jinu Devi T G
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan T G
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha Gopalakrishnan
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jisin Gopal
- Relation
- S/o
Plaintiffs Documents
Loan application dated 16.08.2017, Arrangement Letter dated 04.12.2017, Agreement for Term Loan, Lawyer notice dated 05.07.2024, Acknowledgment card dated 11.07.2024, Returned envelope, Certificate under the Bankers Book Evidence Act, Statement of account relating to the loan account of defendants, Account Statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manzoor Ali K A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meharunnisa Najeeb
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Jinu Devi T G et al regarding realization of money
Case Code Year
Case between State Bank of India vs Jinu Devi T G et al regarding realization of money