Case Summary
The plaintiff, Union Bank of India, is seeking to recover a loan amount from the defendants who defaulted on their repayment terms. The bank granted an education loan for the higher education of the first defendant, but the defendants did not repay the loan as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realise the plaint claim of ₹.5,10,033/- and to realize 9% interest from the defendants from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing Union Bank of India to recover the claimed amount along with interest.
Why Plaintiff Won:
The plaintiff proved the defendants' default in repayment of the loan through evidence and documents.
The plaintiff proved the defendants' default in repayment of the loan through evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved the defendants' default in repayment of the loan through evidence and documents.
The plaintiff proved the defendants' default in repayment of the loan through evidence and documents.
Supporting Evidence
PW1 gave evidence in tune with the pleadings in the plaint, relying on documents to establish the case.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of ₹.5,10,033/-(Rupees Five Lakh Ten Thousand Thirty Three only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Mumbai(Head Office)
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Anila Varghese
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunny Thomas @ Varghese
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elsamma Varghese
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Original Sanction letter, Original Demand Promissory Note, Original education loan agreement, Original loan guarantee, Original of the Debit Balance Confirmation Statement, Certified copy of statement of account of loan a/c No. 614306550000131.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bobby George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's bank is allowed to realise the plaint claim of ₹.5,10,033/- and also to realise 9% interest from the defendants.
Evidence:
The plaintiff’s bank is allowed to realise the plaint claim of ₹.5,10,033/-(Rupees Five Lakh Ten Thousand Thirty Three only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Evidence to establish the loan granted to the defendants.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the promissory note executed by the defendants.
Reference:
Ext.A2
Document Type:
Original Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the terms of the education loan agreement.
Reference:
Ext.A3
Document Type:
Original of loan guarantee
Submitted By:
Plaintiff
Relevance:
Evidence of the guarantee provided by the 3rd defendant.
Reference:
Ext.A4
Document Type:
Original of the Debit Balance Confirmation statement
Submitted By:
Plaintiff
Relevance:
Evidence of the current debit balance in the loan account.
Reference:
Ext.A5
Document Type:
Certified copy of statement of account of loan a/c No. 614306550000131
Submitted By:
Plaintiff
Relevance:
Evidence of the loan account transactions over the specified period.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India et al vs Anila Varghese et al regarding realisation of money
Case Code Year
Case between Union Bank of India et al vs Anila Varghese et al regarding realisation of money