Case Summary
The Union Bank of India is the plaintiff seeking recovery of a loan amount from the defendants who failed to repay. The court found the defendants liable for the total amount of ₹2,12,856.67/- plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay to the plaintiff an amount of ₹2,12,856.67/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's uncontested evidence was found credible and sufficient to establish the defendants' liability for repayment.
The plaintiff's uncontested evidence was found credible and sufficient to establish the defendants' liability for repayment.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of ₹2,12,856.67/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Plaintiffs
Rasmi S (38 years years)
Union Bank of India, Ernakulam Main Branch, Ground Floor, Union Bank Bhavan, M. G. Road, Ernakulam, Pin:- 682 035
Defendants
Batheri Francis (31 years years)
Batheri House, St. John Pattam, Fort Cochin, Ernakulam, Pin:- 682 002
Joseph B. V (62 years years)
Batheri House, St. John Pattam, Fort Cochin, Ernakulam, Pin:- 682 002
Famy Joseph (57 years years)
Batheri House, St. John Pattam, Fort Cochin, Ernakulam, Pin:- 682 002
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay to the plaintiff an amount of ₹2,12,856.67 with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of ₹2,12,856.67/- (Rupees two lakhs twelve thousand eight hundred and fifty six and sixty seven paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff shall be at liberty to realise the amount from the defendants or their assets if not paid.
Evidence:
If the defendants do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendants or from assets of defendants.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application form for Union Education
Submitted By:
Plaintiff
Relevance:
This document was presented as part of the evidence to prove the loan application.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan was sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document served as evidence of the agreement between the plaintiff and the defendants regarding the loan.
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
The pronote was marked to demonstrate the defendants' commitment to repay the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter highlighted the obligations the defendants undertook related to the loan.
Reference:
Ext.A5
Document Type:
Letter of undertaking to be obtained from the student
Submitted By:
Plaintiff
Relevance:
This letter indicates the responsibility of the student in relation to the loan.
Reference:
Ext.A6
Document Type:
Educational Loan Guarantee
Submitted By:
Plaintiff
Relevance:
The guarantee letter was marked as evidence to support the loan transaction.
Reference:
Ext.A7
Document Type:
Letter of undertaking from the Guarantor
Submitted By:
Plaintiff
Relevance:
This letter ensures the obligations of the guarantor in the loan agreement.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This document was referenced to validate communication related to the loan.
Reference:
Ext.A9
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice was marked to show the plaintiff's attempt to recover the loan.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts were submitted as evidence of the legal notice dispatch.
Reference:
Ext.A10(a)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts further corroborated the dispatch of the legal notice.
Reference:
Ext.A10(b)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts were additional evidence of the legal notice process.
Reference:
Ext.A10(c)
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
The returned envelope served as evidence of the failed delivery of the legal notice.
Reference:
Ext.A10(d)
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Another returned envelope that supports the failed delivery of the legal notice.
Reference:
Ext.A10(e)
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope was also part of the evidence related to legal notice delivery.
Reference:
Ext.A10(f)
Document Type:
Computer print out of Statement of Account for the period from 12.07.2010 to 31.03.2023
Submitted By:
Plaintiff
Relevance:
This statement provided a summary of transactions related to the loan.
Reference:
Ext.A11