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O.S. No.110/2024

Case between Union Bank of India, Poonithura Branch vs Neenu Agnes K. G, George K. X, P.R. Lissy @ Thresia P.R. regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SRI. REGHUNATH N.S.
Order Date
2024-04-12
Duration
approximately-13 years 5 months 16 days

Judgement document from eCourt website

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Case Summary

The plaintiff, Union Bank of India, filed a suit against the defendants for the recovery of a loan amount of Rs. 4,59,808.85 due to non-repayment of an education loan. The defendants failed to appear in court, leading to an ex parte hearing.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendants. The plaintiff is entitled to recover additional interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to realize Rs. 4,59,808.85 with interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case for recovering the loan amount due to the defendants' non-payment.

Judgment Evidence:

In the result, suit is decreed as follows. 1. Plaintiffs are entitled to realize Rs. 4,59,808.85 from the defendants and from their assets.

Parties Involved

Plaintiffs

Union Bank of India, Poonithura Branch (Age not specified years) Poonithura Branch, Door No.29, 2826A, Aditya Gandhi Square, Poonithura P.O, Ernakulam, Pin:682038

Defendants

Neenu Agnes K. G (31 years years) Kaithavelikkathu, Thykoodam, Vyttilla P. O, Ernakulam, Pin:682019 George K. X (60 years years) Kaithavelikkathu, Thykoodam, Vyttilla PO, Ernakulam, Pin:682019 P.R. Lissy @ Thresia P.R. (58 years years) Kaithavelikkathu, Thykoodam, Vyttilla P.O, Ernakulam, Pin:682019

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize Rs. 4,59,808.85 from the defendants.
Evidence:
the plaintiff is entitled to realize an amount of Rs. 4,59,808.85 with interest from the defendant.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest at 12% per annum for the amount from the date of suit till the date of decree.
Evidence:
entitled to realize interest @ 12% per annum for Rs. 4,59,808.85 from the date of suit till date decree
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest at 6% per annum for the amount from the date of decree till the date of realization.
Evidence:
entitled to realize interest @ 6% per annum for Rs. 4,59,808.85 from date of decree till date of realization
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize costs of the suit from the defendants.
Evidence:
entitled to realize costs of the suit from defendants

Documents & Evidence

Document Type: Application form for Union Education loan
Submitted By: Plaintiff
Relevance:
Document used to show the application for the education loan.
Reference:
Ext.A1
Document Type: Letter of Sanction
Submitted By: Plaintiff
Relevance:
Document showing the letter of sanction for the education loan.
Reference:
Ext.A2
Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Document outlining the terms of the education loan agreement.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document indicating the promise to repay the loan amount.
Reference:
Ext.A4
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Document showing the undertaking related to the education loan.
Reference:
Ext.A5
Document Type: Application form for Union Education
Submitted By: Plaintiff
Relevance:
Document used to show the application for a follow-up education loan.
Reference:
Ext.A6
Document Type: Letter of Sanction
Submitted By: Plaintiff
Relevance:
Document showing the letter of sanction for the follow-up education loan.
Reference:
Ext.A7
Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Document outlining the terms of the follow-up education loan agreement.
Reference:
Ext.A8
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document indicating the promise to repay the follow-up loan amount.
Reference:
Ext.A9
Document Type: Letter of Continuity
Submitted By: Plaintiff
Relevance:
Document establishing continuity of loan obligations.
Reference:
Ext.A10
Document Type: General Lien and Set off
Submitted By: Plaintiff
Relevance:
Document stating the lien over assets.
Reference:
Ext.A11
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Document regarding further obligations related to the loan.
Reference:
Ext.A12
Document Type: Letter of undertaking to be obtained from the student regarding assignment of future income
Submitted By: Plaintiff
Relevance:
Document relating to future income assignment from the student.
Reference:
Ext.A13
Document Type: Educational Loan Guarantee
Submitted By: Plaintiff
Relevance:
Document providing guarantee for the loan.
Reference:
Ext.A14
Document Type: Letter of undertaking from the guarantors
Submitted By: Plaintiff
Relevance:
Document detailing undertakings from the guarantors.
Reference:
Ext.A15
Document Type: Composite debt balance confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance as of 30.09.2013.
Reference:
Ext.A16
Document Type: Composite debt balance confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance as of 14.10.2015.
Reference:
Ext.A17
Document Type: Composite debt balance confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance as of 01.06.2017.
Reference:
Ext.A18
Document Type: Composite debt balance confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance for another account as of 01.06.2017.
Reference:
Ext.A19
Document Type: Letter of undertaking/Fresh promise in cases of time-barred debts
Submitted By: Plaintiff
Relevance:
Document providing fresh promise for time-barred debts.
Reference:
Ext.A20
Document Type: Debt Balance Confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance as of 15.01.2020.
Reference:
Ext.A21
Document Type: Letter of undertaking/Fresh promise in cases of time-barred debts
Submitted By: Plaintiff
Relevance:
Document providing fresh promise for time-barred debts.
Reference:
Ext.A22
Document Type: Debt Balance Confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding balance for another account.
Reference:
Ext.A23
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Document showing the notification sent to the defendants.
Reference:
Ext.A24
Document Type: Statement of Account loan account
Submitted By: Plaintiff
Relevance:
Document showing the statement of loan account as of 15.01.2024.
Reference:
Ext.A25
Document Type: Statement of Account loan account
Submitted By: Plaintiff
Relevance:
Document showing the statement of another loan account as of 15.01.2024.
Reference:
Ext.A26

Quick Facts

Location
Ernakulam
Case Filed
Tue, 10/26/2010 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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