Case Summary
This case involves Union Bank of India, which filed a suit against Mr. Ajith A.K and Mrs. MINI for recovering an education loan amount. The defendants availed of a loan but failed to repay it as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.4,87,049 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff presented clear evidence and documents supporting their claim, which were not rebutted by the defendants.
The plaintiff presented clear evidence and documents supporting their claim, which were not rebutted by the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.4,87,049 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Plaintiffs
Union Bank of India (Age not specified years)
Mulamthuruthy branch, Mulamthuruthy post, desam & Village, Kanayannoor Taluk, Pin 682 314, Ernakulam district
Defendants
Mr. Ajith A.K (28 years)
Alooparambil Kavumkal H, Mulamthuruthy, Ernakulam dist, now residing at Palathumparambil H, Kozhivettumveli, Nadama Village, Eroor Desom & Post, Pin 682 306, Kanayannoor Taluk, Ernakulam dist.
Mrs. MINI (51 years)
Alooparambil Kavumkal H, Mulamthuruthy, Ernakulam dist, now residing at Palathumparambil H, Kozhivettumveli, Nadama Village, Eroor Desom & Post, Pin 682 306, Kanayannoor Taluk, Ernakulam dist.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.4,87,049 with interest.
Evidence:
The plaintiff bank is entitled to get a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence used to establish the terms of the loan provided by the plaintiff.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the defendants' obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document supported the plaintiff's claim regarding the defendants' commitment to the loan agreement.
Reference:
Ext.A3
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document further evidences the terms under which the loan was secured.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document reaffirms the defendants' obligations under the loan agreement.
Reference:
Ext.A5
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is relevant as it shows that a demand for repayment was made to the defendants.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document demonstrates the defendants' receipt of the lawyer's notice.
Reference:
Ext.A7
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
This document confirms the outstanding balance owed by the defendants.
Reference:
Ext.A8
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the transactions related to the loan.
Reference:
Ext.A9