Case Summary
The plaintiff, State Bank of India, provided an education loan to the first defendant with the second defendant as guardian. The defendants defaulted on the loan repayment, prompting the bank to file this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,48,797/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendants to pay the outstanding loan amount along with interest. The defendants are also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff established its claim by presenting unchallenged evidence.
The plaintiff established its claim by presenting unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established its claim by presenting unchallenged evidence.
The plaintiff established its claim by presenting unchallenged evidence.
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.1,48,797/- with interest from the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,48,797/- (Rupees One lakh forty eight thousand seven hundred and ninety seven only) along with interest @ 9.7% per annum from the date of suit 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
- Party Role
- Defendant
- Party Name
- Midhula Bhuvanendran
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Bhuvanendran T G
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Application for Educational Loan dated 06.12.2019, Arrangement letter for Term Loan under Education Loan Schemes dated 16.12.2019, Agreement between plaintiff and defendants dated 16.12.2019, Legal notice dated 22.09.2023, Statement of account in respect of Account No.39000803395, Statement of unapplied interest as on 17.01.2024, Office copy of legal notice dated 14.09.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benoy K Kadavan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Laya George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,48,797/- with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,48,797/- with interest from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest to be paid at the rate of 9.7% per annum and 6% thereafter.
Evidence:
Defendants shall pay interest at the rate of 9.7% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application for Educational Loan
Submitted By:
Plaintiff
Relevance:
This document shows the request for the educational loan by defendants.
Reference:
Ext.A1
Document Type:
Arrangement letter for Term Loan under Education Loan Schemes
Submitted By:
Plaintiff
Relevance:
This document evidences the arrangement for the educational loan.
Reference:
Ext.A2
Document Type:
Agreement between plaintiff and defendants
Submitted By:
Plaintiff
Relevance:
This agreement specifies the terms of the loan including repayment.
Reference:
Ext.A3
Document Type:
Postal Cover of Legal Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the legal notice sent to the defendants regarding default.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the financial details of the loan account.
Reference:
Ext.A5
Document Type:
Statement of Unapplied Interest
Submitted By:
Plaintiff
Relevance:
This document details the unapplied interest as of a specific date.
Reference:
Ext.A6
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal copy of the legal notice issued to the defendants.
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
Recovery of money
Case Code
Case between State Bank of India vs Midhula Bhuvanendran et al regarding realization of money
Case Code Year
Case between State Bank of India vs Midhula Bhuvanendran et al regarding realization of money