Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendants for the recovery of an education loan amount due to default in repayment. The defendants applied for the loan to pursue a diploma, but failed to repay it despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 3,86,525.54 together with interest at the rate of 6% per annum from the date of the decree till realization
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting recovery of the outstanding loan amount due from the defendants along with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving its case with sufficient evidence.
The plaintiff succeeded in proving its case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving its case with sufficient evidence.
The plaintiff succeeded in proving its case with sufficient evidence.
Supporting Evidence
By producing Exts. A1 to A11 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, The plaintiff is entitled to realise an amount of Rs. 3,86,525.54 together with interest at the rate of 6% per annum from the date of the decree till realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Kollam Main Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vijith Vijayan
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamani
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 08/07/2015, Sanction Letter dated 17/07/2015, Education Loan Agreement dated 17/07/2015, Demand Promissory Note dated 17/07/2015, Educational Loan Guarantee dated 17/07/2015, Letter of Undertaking from borrowers dated 17/07/2015, Letter of Undertaking by the student dated 17/07/2015, Office copy of Lawyer’s notice dated 05/01/2025, Postal receipts, Acknowledgment card dated 07/01/2025, Statement of account dated 26/12/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Reghu Varma
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandra Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount with interest.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs. 3,86,525.54 together with interest at the rate of 6% per annum from the date of the decree till realization from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the first defendant for the education loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the education loan on the specified date.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the education loan agreement between the bank and the defendants.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a promissory note committing to repayment of the loan.
Reference:
Ext.A4
Document Type:
Educational Loan Guarantee
Submitted By:
Plaintiff
Relevance:
This document acts as a guarantee for the educational loan by the co-borrower.
Reference:
Ext.A5
Document Type:
Letter of undertaking from borrowers
Submitted By:
Plaintiff
Relevance:
This document is a letter whereby the borrowers undertake to adhere to the loan terms.
Reference:
Ext.A6
Document Type:
Letter of Undertaking by the Student
Submitted By:
Plaintiff
Relevance:
This document is a letter from the student agreeing to the loan conditions.
Reference:
Ext.A7
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document is the communication sent by the plaintiff's lawyer regarding loan repayment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as proof of sending notices to the defendants.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document provides confirmation of the defendants receiving notices.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document outlines the financial details and outstanding balance on the defendants' loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India, Kollam Main Branch vs Vijith Vijayan et al regarding Realisation of Money
Case Code Year
Case between Union Bank of India, Kollam Main Branch vs Vijith Vijayan et al regarding Realisation of Money