Case Summary
The plaintiff, Union Bank of India, is seeking to recover an outstanding loan amount from the defendants Midhun Roger Varghese and Marykutty K D. The defendants defaulted on an education loan taken for pursuing a B. Tech course.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,51,167.60/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants shall pay an amount of Rs.1,51,167.60/- along with applicable interest to the plaintiff. The defendants are also liable to the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case for the recovery of the loan amount based on the evidence and documents provided.
The plaintiff established a case for the recovery of the loan amount based on the evidence and documents provided.
Losing Side's Weaknesses:
The plaintiff established a case for the recovery of the loan amount based on the evidence and documents provided.
The plaintiff established a case for the recovery of the loan amount based on the evidence and documents provided.
Supporting Evidence
The defendants defaulted in repayment of the loan account and the plaintiff successfully proved this through various documents.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,51,167.60/- along with interest @ 11.75% per annum from the date of suit till date of decree and interest @ 6% per annum from the date of decree till realization as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Midhun Roger Varghese
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Marykutty K D
- Party Age
- 62
- Relation
- W/o
Plaintiffs Documents
Loan application, Sanction letter, Educational loan agreement, Demand promissory note, Letter of undertaking, Lawyer notice, State of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,51,167.60/- with interest from the defendants.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,51,167.60/- with interest @11.75% per annum from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall be personally liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence showing the loan request by the defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the loan amount of Rs.2,59,000/-.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the education loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal acknowledgment of the loan amount by the defendants.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document is a commitment from the borrowers for the loan repayment.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document relates to the assignment of future income as security for the loan.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document shows that a legal demand was made to the defendants for repayment.
Reference:
Ext.A7
Document Type:
State of account
Submitted By:
Plaintiff
Relevance:
This document illustrates the payment history of the defendants regarding the loan.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Midhun Roger Varghese and Marykutty K D regarding realization of money
Case Code Year
Case between Union Bank of India vs Midhun Roger Varghese and Marykutty K D regarding realization of money