Case Summary
The plaintiff is Union Bank of India, which filed the suit for realization of an outstanding education loan amount from the defendants, Mr. Thomas M.K. and Mr. Praise Kuriakose, who defaulted on repayment. The court deemed the defendants to be ex parte due to their absence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 6,79,336.21 with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case supported by unchallenged evidence.
Plaintiff established a case supported by unchallenged evidence.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize an amount of Rs. 6,79,336.21 along with interest @ 12.5% per annum from 16.01.2023 till date of decree and interest @ 6% per annum from the date of decree till realization.
Parties Involved
Plaintiffs
Union Bank of India (Age not specified years)
32/1289, ABCD and E, Peringattu Building, Palarivattom, Kochi, Pin 682 025
Defendants
Mr. Thomas M.K. (Age not specified years)
Elanjeri House, Ponoth Road, Kaloor.P.O., Pin – 682 017
Mr. Praise Kuriakose (Age not specified years)
Malayiruthiyel House, Kanjikuzhy.P.O., Idukki District, Pin – 685 606
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.6,79,336.21 with interest.
Evidence:
Plaintiff is entitled to realize an amount of Rs.6,79,336.21 with interest @12.5% per annum from 16.01.2023 till date of decree and interest @6% per annum from the date of decree till realization.
Relief Type:
Cost of Suit
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Document related to the approval of an education loan.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement detailing the terms of the education loan.
Reference:
Ext.A2
Document Type:
Letter of undertaking from borrowers
Submitted By:
Plaintiff
Relevance:
Commitment from borrowers to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of Undertaking from Guarantor
Submitted By:
Plaintiff
Relevance:
Guarantee letter from the guarantor for the loan.
Reference:
Ext.A4
Document Type:
Education Loan Guarantee
Submitted By:
Plaintiff
Relevance:
Document outlining the guarantee provided for the education loan.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document demonstrating the demand for repayment of the loan.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Second legal notice sent to the defendants for loan repayment.
Reference:
Ext.A7
Document Type:
Postal Envelop Returned
Submitted By:
Plaintiff
Relevance:
Evidence that the legal notice was returned unclaimed.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Record showing the transaction history related to the loan.
Reference:
Ext.A9