Case Summary
The Union Bank of India filed a suit against Anjumol C.P. and Purushothaman C.M. for the recovery of a loan amount. The defendants failed to repay the sanctioned educational loan amount and the bank sought legal recourse.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹3,59,776.35 along with future interest at the rate of 14% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover ₹3,59,776.35 and future interest from the defendants. The court stated that the defendants failed to prove their defense against the claims of the plaintiff.
Why Plaintiff Won:
The plaintiff bank proved that the defendants borrowed the loan and failed to repay it as agreed.
The plaintiff bank proved that the defendants borrowed the loan and failed to repay it as agreed.
Losing Side's Weaknesses:
The plaintiff bank proved that the defendants borrowed the loan and failed to repay it as agreed.
The plaintiff bank proved that the defendants borrowed the loan and failed to repay it as agreed.
Supporting Evidence
The plaintiff succeeded in proving that the defendants' contention that they had not borrowed ₹3,00,000/- from the plaintiff bank is groundless, by producing these documents.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹3,59,776.35.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Anjumol C.P.
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Purushothaman C.M.
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Omana Purushothaman
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chinjumol C.P.
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jinjumol C.P.
- Party Age
- 23
- Relation
- D/o
Plaintiffs Documents
Application form for education loan, Educational loan agreements, Educational loan guarantee letter, Sanction letter, Promissory note, Debit balance confirmation letters, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Clareness Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soni Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Jacob
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize ₹3,59,776.35 from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹3,59,776.35.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to recover the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application Form for Education Loan
Submitted By:
Plaintiff
Relevance:
Proves the application for an educational loan for the first defendant.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the educational loan sanctioned to defendants 1 and 2.
Reference:
Ext.A2
Document Type:
Educational loan guarantee letter
Submitted By:
Plaintiff
Relevance:
Guarantees the loan executed by the 3rd defendant.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirms the acceptance of terms and conditions by defendants 1 and 2 regarding the loan.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the promise of defendants 1 and 2 to repay the loan with interest.
Reference:
Ext.A5
Document Type:
Debit balance confirmation acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledges the outstanding amount of ₹2,80,112.86 as of 20/08/2014.
Reference:
Ext.A6
Document Type:
Debit balance confirmation acknowledgment
Submitted By:
Plaintiff
Relevance:
Confirms the outstanding amount of ₹2,60,383.66 as of 10/08/2017.
Reference:
Ext.A7
Document Type:
Debit Balance Confirmation letter
Submitted By:
Plaintiff
Relevance:
Shows acknowledgment of liability signed by defendants 1 to 3 as of 10/06/2020.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance of ₹3,59,776.35 as on 30/04/2022.
Reference:
Ext.A9
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Indicates the formal demand for repayment made to the defendants.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Provide proof of mailing the lawyer’s notice to the defendants.
Reference:
Ext.A11
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Confirm receipt of the lawyer’s notice by the defendants.
Reference:
Ext.A12
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 rent
Case Code
O.S
Case Code Year
2022