Case Summary
The plaintiff, State Bank of India, is seeking to recover an outstanding education loan amount from the defendants, Sathyavathi Subramani and Subramani A. The defendants defaulted on their loan repayments leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.19,78,061/- to the plaintiff with interest at the rate of 6% per annum.
Case Type
Commercial Suit
Final Judgment
No
The court decreed that the defendants are directed to pay an outstanding amount of Rs.19,78,061/- to the plaintiff with interest and costs of the suit.
Why Plaintiff Won:
The plaintiff established that the defendants failed to repay the loan despite multiple demands.
The plaintiff established that the defendants failed to repay the loan despite multiple demands.
Losing Side's Weaknesses:
The plaintiff established that the defendants failed to repay the loan despite multiple demands.
The plaintiff established that the defendants failed to repay the loan despite multiple demands.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with documents Exts. A1 to A7 very well shows that the defendants failed to repay the outstanding amount with interest to plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Defendants are directed to pay an amount of Rs.19,78,061/- (Nineteen lakh seventy eight thousand and sixty one only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- STATE BANK OF INDIA
- Party Role
- Defendant
- Party Name
- SATHYAVATHI SUBRAMANI
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- SUBRAMANI.A
- Relation
- S/o
Plaintiffs Documents
Application for loan dated 01/07/2016, Sanction letter dated 02/07/2016, Arrangement letter dated 02/07/2016, Agreement for education loan dated 02/07/2016, Lawyer notice dated 11/02/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajeevan.M.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E. Balakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay an outstanding amount of Rs.19,78,061/- to the plaintiff.
Evidence:
Accordingly, the suit is liable to be decreed directing the defendants to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realization.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
This document shows the application made by the first defendant for the education loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the loan amount by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan.
Reference:
Ext.A3
Document Type:
Agreement for Education Loan
Submitted By:
Plaintiff
Relevance:
This document details the agreement made between the defendants and the plaintiff for the education loan.
Reference:
Ext.A4
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document shows the notice sent by the plaintiff to the defendants regarding the default in repayment.
Reference:
Ext.A5
Document Type:
Return letter
Submitted By:
Plaintiff
Relevance:
This document is the return letter received indicating non-claim by the second defendant.
Reference:
Ext.A5(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of sending the lawyer's notice.
Reference:
Ext.A5(b)
Document Type:
Certified copy of the ledger account
Submitted By:
Plaintiff
Relevance:
This document shows the transaction history of the loan account from 02/07/2016 to 15/01/2021.
Reference:
Ext.A6
Document Type:
Order in PIM
Submitted By:
Plaintiff
Relevance:
This document relates to the pre-institution mediation initiated by the plaintiff.
Reference:
Ext.A7
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between STATE BANK OF INDIA vs SATHYAVATHI SUBRAMANI et al regarding loan recovery
Case Code Year
Case between STATE BANK OF INDIA vs SATHYAVATHI SUBRAMANI et al regarding loan recovery