Case Summary
The plaintiff, State Bank Of India, is suing the defendants for repayment of an education loan. The defendants defaulted on the loan repayment, leading to this suit for recovery of the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,79,877/- along with interest @9% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the amount due along with interest. Additionally, the defendants' personal and their assets are liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence.
The plaintiff established a case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established a case with unchallenged evidence.
The plaintiff established a case with 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.5,79,877/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.5,79,877/- (Rupees Five lakhs seventy nine thousand eight hundred and seventy seven 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 payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank Of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sleeba Raju
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raju Pathrose
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarakutty Raju
- Relation
- W/o
Plaintiffs Documents
Application cum Appraisal form for Educational loan, Arrangement letter issued by the plaintiff bank, Agreement for Term loan for Education (Gyan Jyoti), Copy of lawyer notice issued to defendants, Acknowledgment cards, Certificate under section 65B of the Evidence Act, Statement of Account of Loan account no. 67378812766 of defendants for the period from 15.10.16 to 03.02.24, Statement of unapplied interest as on 03.02.24.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manzoor Ali K A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shahnas A H
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants to pay the principal amount along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,79,877/- (Rupees Five lakhs seventy nine thousand eight hundred and seventy seven 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 payment or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover 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:
Document submitted to establish the loan agreement with the defendants.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Letter detailing the terms of the loan sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for the term loan under Education (Gyan Jyoti) which shows the obligations of the defendants.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment of the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer's notice by the defendants.
Reference:
Ext.A5
Document Type:
Certificate under Banker’s Book Evidence Act
Submitted By:
Plaintiff
Relevance:
Document supporting the validity of the loan transactions.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing the transactions related to the defendants' loan.
Reference:
Ext.A7
Document Type:
Statement of Unapplied Interest
Submitted By:
Plaintiff
Relevance:
Document showing the unapplied interest amount due as of a certain date.
Reference:
Ext.A8
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 Sleeba Raju et al regarding realization of money
Case Code Year
Case between State Bank Of India vs Sleeba Raju et al regarding realization of money