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
The suit was decreed in favor of the plaintiff, allowing them to recover the due amount along with interest. The defendants were also ordered to pay the costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A9 documents the plaint averments stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Ajith A.K
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. MINI
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Educational loan agreement, Demand Promissory Note, Letter of undertaking, Letter of continuity, True copy of lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S Surendran
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between Union Bank of India vs Mr. Ajith A.K et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Mr. Ajith A.K et al regarding realisation of money