Case Summary
The plaintiff, Union Bank of India, sanctioned an education loan to the defendants for completing a nursing course. The defendants defaulted on their payments, leading the bank to seek recovery of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.1,59,104.24/- jointly and severally to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing recovery of the loan amount plus interest. The defendants were ordered to pay the amount along with the costs of the suit.
Why Plaintiff Won:
The claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A10.
The claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A10.
Losing Side's Weaknesses:
The claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A10.
The claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A10.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A10.
Judgment Evidence:
In the result, The suit is decreed as follows: 1.The defendants are directed to pay Rs.1,59,104.24/- jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Rahul B Krishnan
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ms. Athira R.P
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mrs. Reeja C.M
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Demand Promissory Note, Educational Loan Agreement, Interest Agreement, Simple Agreement, Letter of Undertaking from Borrower/s, Letter of Undeertaking to be obtained from the student regarding assignment of future income, Letter of continuity, Composite Debit Balance Confirmation, Copy of Lawyer notice to 1st defendant, Copy of account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Usha. M.E.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Suma. P.T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the amount due to the plaintiff.
Evidence:
The defendants are directed to pay Rs.1,59,104.24/- jointly and severally to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants must also pay the costs of the suit.
Evidence:
The plaintiff is also entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document related to the education loan agreement.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the education loan.
Reference:
Ext.A2
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the interest applicable on the loan.
Reference:
Ext.A3
Document Type:
Simple Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the terms of the loan.
Reference:
Ext.A4
Document Type:
Letter of Undertaking from Borrower/s
Submitted By:
Plaintiff
Relevance:
Undertaking by the borrowers agreeing to loan terms.
Reference:
Ext.A5
Document Type:
Letter of Undertaking regarding assignment of future income
Submitted By:
Plaintiff
Relevance:
Document regarding future income assignment for loan repayment.
Reference:
Ext.A6
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document ensuring continuous loan obligations.
Reference:
Ext.A7
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of the total debit balance of the loan.
Reference:
Ext.A8
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the 1st defendant regarding loan default.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the 2nd defendant regarding loan default.
Reference:
Ext.A9(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the loan notice.
Reference:
Ext.A9(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the loan notice.
Reference:
Ext.A9(c)
Document Type:
Copy of Account statement
Submitted By:
Plaintiff
Relevance:
Statement summarizing the loan account transactions.
Reference:
Ext.A10
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate related to the loan.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India et al vs Ms. Athira R.P, Mrs. Reeja C.M regarding realisation of money
Case Code Year
Case between Union Bank of India et al vs Ms. Athira R.P, Mrs. Reeja C.M regarding realisation of money