Case Summary
The plaintiff, State Bank of India, filed a suit for the realization of an educational loan amount against the defendants, Tizandra Edwin and Edwin Devassy. The defendants failed to repay the loan despite numerous reminders, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,54,254/- along with interest @6% per annum from the date of suit till the date of decree or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case due to the defendants' failure to repay the educational loan as per the agreement.
The plaintiff established a case due to the defendants' failure to repay the educational loan as per the agreement.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.6,54,254/- (Rupees Six lakhs fifty four thousand two hundred and fifty four only) along with interest @6% per annum from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
State Bank of India (Age not specified years)
Corporate Centre at Madame Cama Road, Nariman Point, Mumbai- 400 021
Defendants
Tizandra Edwin (28 years)
Mullakkal House, 10//1456, K B Jacob Road, Mullavalp, Veli, Kochi 682001
Edwin Devassy (58 years)
Mullakkal House, 10//1456, K B Jacob Road, Mullavalp, Veli, Kochi 682001
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.6,54,254/- along with interest from defendants.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,54,254/- with interest from defendants.
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:
Application Form
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to apply for the educational loan.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Details the loan arrangement made between the plaintiff bank and the defendants.
Reference:
Ext.A2
Document Type:
Agreement for term loan for education loan scheme
Submitted By:
Plaintiff
Relevance:
The agreement detailing the terms of the educational loan.
Reference:
Ext.A3
Document Type:
Change letter
Submitted By:
Plaintiff
Relevance:
Indicates the defendants opted to capitalize the interest during the moratorium period.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The annexure agreement executed by both defendants.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding repayment sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of notice sent to the 1st defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of notice sent to the 2nd defendant.
Reference:
Ext.A8
Document Type:
Envelope with legal notice
Submitted By:
Plaintiff
Relevance:
Envelope returned by the 1st defendant marked 'Left'.
Reference:
Ext.A9
Document Type:
Certificate of statement of accounts
Submitted By:
Plaintiff
Relevance:
Details the outstanding loan amount and accrued interest.
Reference:
Ext.A10