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
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants are liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case supported by unchallenged evidence.
Plaintiff established a case supported by unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established a case supported by unchallenged evidence.
Plaintiff established a case supported by unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Thomas M.K.
- Relation
- S/o late Mr. Kuriakose M.J.
- Party Role
- Defendant
- Party Name
- Mr. Praise Kuriakose
Plaintiffs Documents
Original Credit Sanction Intimation, Original of the Education Loan Agreement, Original of Letter of Undertaking from Borrowers, Original of Letter of Undertaking from Guarantor/s, Original of Education Loan Guarantee, Office copy of legal notice with postal receipt and A/D.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.D. Deepa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M. Biju
- Appearance Type
- Main Counsel
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
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 Mr. Thomas M.K. et al regarding realization of money.
Case Code Year
Case between Union Bank of India vs Mr. Thomas M.K. et al regarding realization of money.