Case Summary
The plaintiff, Union Bank of India, seeks to recover a loan amount from the defendants, Sandra Sabu, Sabu N S, and Kumari Sabu, who failed to repay the educational loan taken for study. The court determined that the defendants are liable for the owed amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant hereby directed to pay an amount of Rs. 5,82,600/- to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the loan amount along with interest. The evidence presented by the plaintiff was found to be unchallenged.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documents presented established the liability of the defendants towards the plaintiff's claims for recovery of the loan amount.
The unchallenged evidence of the plaintiff and the documents presented established the liability of the defendants towards the plaintiff's claims for recovery of the loan amount.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the documents presented established the liability of the defendants towards the plaintiff's claims for recovery of the loan amount.
The unchallenged evidence of the plaintiff and the documents presented established the liability of the defendants towards the plaintiff's claims for recovery of the loan amount.
Supporting Evidence
The evidence tendered by PW1 and the documents produced and marked as Ext.A1 to A12 stands unchallenged. No contra evidence adduced. The unchallenged evidence of PW1 and documents marked as Ext. A1 to A12 proves the case of the plaintiff, thereby, the liability of the defendant towards the plaintiff firm stands proved.
Judgment Evidence:
In the result, suit decreed with costs as follows: The defendant hereby directed to pay an amount of Rs. 5,82,600/- to the plaintiff and together with interest on the principal amount of Rs. 3,60,000/- at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Sandra Sabu
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sabu N S
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kumari Sabu
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Demand promissory note, Letter of continuity, Educational loan agreement, Letter of undertaking from borrower, Educational loan guarantee, Debit balance confirmations, Statement of account, Office copy of legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. G. Dileepkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C. R. Deepa
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant was directed to pay the amount due to the plaintiff.
Evidence:
In the result, suit decreed with costs as follows: The defendant hereby directed to pay an amount of Rs. 5,82,600/- to the plaintiff.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement for Rs. 3,60,000/-.
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document outlining the continuity of the loan terms.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement specifying the terms of the educational loan.
Reference:
Ext.A3
Document Type:
Letter of Undertaking from Borrower
Submitted By:
Plaintiff
Relevance:
Document ensuring the borrower's commitment to the loan.
Reference:
Ext.A4
Document Type:
Educational Loan Guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee agreement related to the educational loan.
Reference:
Ext.A5
Document Type:
Debit Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
Confirmation of the outstanding loan balance as of 3/07/2017.
Reference:
Ext.A6
Document Type:
Debit Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
Confirmation of the outstanding loan balance as of 8/06/2020.
Reference:
Ext.A7
Document Type:
Debit Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
Confirmation of the outstanding loan balance as of 28/09/2022.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document summarizing the account transactions from 18/09/2014 to 23/08/2024.
Reference:
Ext.A9
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice issued to demand repayment of the loan amount.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts related to the postal notice sent.
Reference:
Ext.A11
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgments submitted in relation to notices sent.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2024