Case Summary
The plaintiff, Union Bank of India, has filed a suit against the defendants, Akhila Prasad and Sibi Prasad, for realization of an educational loan. The defendants were irregular in repaying the loan amount despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹2,47,679/- as on the date of suit and interest at the rate of 10.9% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover a total amount of ₹2,47,679/- along with interest from the defendants due to non-repayment of the loan.
Why Plaintiff Won:
The plaintiff presented sufficient evidence to establish the liability of the defendants.
The plaintiff presented sufficient evidence to establish the liability of the defendants.
Losing Side's Weaknesses:
The plaintiff presented sufficient evidence to establish the liability of the defendants.
The plaintiff presented sufficient evidence to establish the liability of the defendants.
Supporting Evidence
These documents are sufficient to show the liability of the defendants towards plaintiff. Defendants could not rebut the evidence produced by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹2,47,679/- ( Rupees two lakhs forty seven thousand six hundred and seventy nine only) as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Akhila Prasad
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sibi Prasad
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Loan application dated 21.02.2019, Credit information, Pre-sanction visit report, Sanction report, Letter of sanction, Educational loan agreement, Interest agreement, Letter of undertaking, AD-02A agreement, Promissory note, Request letters.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy K. George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹2,47,679/- from the defendants.
Evidence:
In the result, the suit is decreed as follows:- 1The plaintiff is entitled to realize ₹2,47,679/- ( Rupees two lakhs forty seven thousand six hundred and seventy nine only) as on the date of suit.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest on the recoverable amount until realization.
Evidence:
Plaintiff is also entitled to get interest at the rate of 10.9 % per annum on ₹ 2,47,679/- ( Rupees two lakhs forty seven thousand six hundred and seventy nine only) from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Further interest from the date of decree until the amount is realized.
Evidence:
6% interest per annum on ₹2,47,679/- (Rupees two lakhs forty seven thousand six hundred and seventy nine only) from the date of decree till realization of the amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
Cost of the suit to be recovered from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the plaintiff to prove the loan request by the defendants.
Reference:
Ext.A1
Document Type:
Credit information
Submitted By:
Plaintiff
Relevance:
Document related to the credit history of the defendants.
Reference:
Ext.A2
Document Type:
Credit information
Submitted By:
Plaintiff
Relevance:
Another credit information document for the defendants.
Reference:
Ext.A2(a)
Document Type:
Pre sanction visit report
Submitted By:
Plaintiff
Relevance:
Report prepared by the plaintiff verifying the defendants' application.
Reference:
Ext.A3
Document Type:
Sanction Report
Submitted By:
Plaintiff
Relevance:
Document evidencing the approval of the loan application.
Reference:
Ext.A4
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Official letter confirming the loan approval issued by the plaintiff.
Reference:
Ext.A5
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants for receiving the educational loan.
Reference:
Ext.A6
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the interest terms related to the loan.
Reference:
Ext.A7
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking related to future income assignment from the defendants.
Reference:
Ext.A8
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking submitted by the first defendant.
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking submitted by the second defendant.
Reference:
Ext.A10
Document Type:
Letter of Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement of terms related to the loan.
Reference:
Ext.A11
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendants to confirm their liability.
Reference:
Ext.A12
Document Type:
Request Letters
Submitted By:
Plaintiff
Relevance:
Letters sent by Akhila Prasad requesting certain considerations related to the loan.
Reference:
Ext.A13
Document Type:
Request Letters
Submitted By:
Plaintiff
Relevance:
Another request letter from Akhila Prasad related to the loan.
Reference:
Ext.A13(a)
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Official statement showing the financial transactions of the loan account.
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of Loan
Case Code
O.S
Case Code Year
2024