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
The suit is decreed in favor of the plaintiff, awarding the amount of Rs.6,54,254/- along with interest. The defendants are liable to satisfy this decree with their personal assets.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiff has established a case and is entitled to realize an amount of Rs.6,54,254/- with interest from defendants.
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
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Tizandra Edwin
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Edwin Devassy
- Party Age
- 58
- Relation
- F/o
Plaintiffs Documents
Application form dated 03.07.2013, Arrangement letter dated 04.11.2013, Agreement for term loan for education loan scheme dated 05.10.2013, Change letter, Annexure C - Agreement, Legal notice dated 07.12.2023, Postal receipt of the notice to the 1st and 2nd defendants, Certificate of statement of accounts dated 21.06.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Sivakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dolly Francis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Chandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antumon N R
- Appearance Type
- Main Counsel
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
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 Tizandra Edwin et al regarding realization of money
Case Code Year
Case between State Bank of India vs Tizandra Edwin et al regarding realization of money