Case Summary
Union Bank of India has filed a suit for recovery against the defendants for an educational loan granted which remains unpaid. The defendants were set exparte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize `6,18,768/- along with interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the outstanding amount with interest. The defendants are liable for the costs of the suit as well.
Why Plaintiff Won:
The evidence produced by the plaintiff sufficiently proved the liability of the defendants.
The evidence produced by the plaintiff sufficiently proved the liability of the defendants.
Losing Side's Weaknesses:
The evidence produced by the plaintiff sufficiently proved the liability of the defendants.
The evidence produced by the plaintiff sufficiently proved 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: 1.The plaintiff is entitled to realize `6,18,768/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Aswathy Purushothaman
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Purushothaman K.R.
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anitha Purushothaman
- Party Age
- 57
- Relation
- W/o
Plaintiffs Documents
Loan application, educational loan agreement, educational loan guarantee, sanction letter, promissory note, debit balance confirmations, lawyer's notice, postal receipts, acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Clareness Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.6,18,768 as the amount due.
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of the claim amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 13.75% per annum from the date of suit till the date of decree.
Evidence:
Plaintiff is also entitled to get interest at the rate of 13.75% per annum on Rs.6,18,768/- from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Educational Loan application
Submitted By:
Plaintiff
Relevance:
Document showing the application for the educational loan granted by the plaintiff.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the educational loan.
Reference:
Ext.A2
Document Type:
Educational Loan Guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee document associated with the educational loan.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter sanctioning the educational loan.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Note obligating the defendants to repay the loan amount.
Reference:
Ext.A5
Document Type:
Debit Balance Confirmation letter
Submitted By:
Plaintiff
Relevance:
Letters confirming the outstanding debit balance on the defendants' loan.
Reference:
Ext.A6, A7, A8
Document Type:
Computer statement of account
Submitted By:
Plaintiff
Relevance:
Document showing the transaction history for the educational loan.
Reference:
Ext.A9
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants demanding repayment of the loan.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for the sent legal communication.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the lawyer's notice.
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
2023