Case Summary
The plaintiff, Union Bank of India, filed a suit for the recovery of a loan amount disbursed to the defendants for educational purposes. The defendants defaulted on repayment, and the court proceeded exparte due to their absence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realise the plaint claim of Rs.4,84,620/- and also to realise 9% interest on the principal amount of Rs.3,00,000/- from the defendants from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the loan amount along with interest.
Why Plaintiff Won:
The evidence provided by the plaintiff regarding the loan agreement and the defendants' default was compelling.
The evidence provided by the plaintiff regarding the loan agreement and the defendants' default was compelling.
Losing Side's Weaknesses:
The evidence provided by the plaintiff regarding the loan agreement and the defendants' default was compelling.
The evidence provided by the plaintiff regarding the loan agreement and the defendants' default was compelling.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.4,84,620/- and also to realise 9% interest on the principal amount of Rs.3,00,000/- from the defendants from the date of the suit ie, 28.02.2023 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Harikrishnan.S.
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sukumaran Raghavan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sobhana Sukumaran
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Original Sanction letter dated 26.09.2014, Original Demand Promissory note dated 26.09.2014, Original Education Loan Agreement dated 26.09.2014, Original Education Loan Guarantee dated 26.09.2014, Debit balance confirmation statement dated 15.09.2021, Certified copy of statement of loan account No.614306550000140 from 26.09.2014 to 31.01.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Lakshmi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's bank is allowed to realize the plaint claim of Rs.4,84,620/- and also to realize 9% interest on the principal amount of Rs.3,00,000/- from the defendants from the date of the suit.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.4,84,620/- and also to realise 9% interest on the principal amount of Rs.3,00,000/- from the defendants from the date of the suit ie, 28.02.2023 till realisation.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was used to establish the sanction of the education loan.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan obligation under the terms of the loan.
Reference:
Ext.A2
Document Type:
Original Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions for the education loan.
Reference:
Ext.A3
Document Type:
Original Education Loan Guarantee
Submitted By:
Plaintiff
Relevance:
This document was executed as a guarantee for the loan repayment.
Reference:
Ext.A4
Document Type:
Debit Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
This document confirms the outstanding balance owed by the defendants.
Reference:
Ext.A5
Document Type:
Certified copy of Statement of loan account
Submitted By:
Plaintiff
Relevance:
This document provides a record of transactions for the loan account.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs Harikrishnan.S. et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Harikrishnan.S. et al regarding realisation of money