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
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence.
The plaintiff established a case with unchallenged evidence.
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
Plaintiffs
State Bank Of India (Age not specified years)
Centralized Processing Centre-2, Panampilly Nagar, Ernakulam-682036
Defendants
Sleeba Raju (25 years)
Vettuvelil House, Karingachira, Thiruvamkulam P O, Pin- 682305
Raju Pathrose (60 years)
Vettuvelil House, Karingachira, Thiruvamkulam P O, Pin- 682305
Sarakutty Raju (Age not specified years)
Vettuvelil House, Karingachira, Thiruvamkulam P O, Pin- 682305
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