Case Summary
This case involves Corporation Bank seeking recovery of an educational loan amount from the defendants. The defendants had defaulted on the repayment of the loans they availed for their education.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.4,54,485.81 and interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants. Additionally, the court ordered interest at a rate of 12% per annum on the amount due.
Why Plaintiff Won:
The plaintiff established the case with unrebutted evidence.
The plaintiff established the case with unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff established the case with unrebutted evidence.
The plaintiff established the case with unrebutted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exhibits A1 to A14 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Corporation Bank
- Relation
- represented by its Chief Manager, Lakshminarayana Bhatta R.N.
- Party Role
- Defendant
- Party Name
- Jeouf Thomas
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy Thomas
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Loan application dated 27.07.2009, Credit sanction intimation letter dated 19.08.2009, Demand promissory note dated 28.08.2009.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A. Ajaikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,54,485.81 from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,54,485.81 from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,54,485.81 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,54,485.81 from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,54,485.81 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 27.07.2009 for educational loan.
Reference:
Ext.A1
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Original credit sanction intimation letter dated 19.08.2009, countersigned by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 28.08.2009.
Reference:
Ext.A3
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original take delivery letter to demand promissory note dated 28.08.2009.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009 undertaking among other terms by defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 31.07.2012 acknowledging the liability under Section 18 of Limitation Act, 1963.
Reference:
Ext.A7
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Original letter dated 26.06.2015 acknowledging liability under Section 18 of Limitation Act, 1963.
Reference:
Ext.A8
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Original affidavit sworn by the defendants dated 25.08.2009.
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 28.08.2009.
Reference:
Ext.A10
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 14.05.2014.
Reference:
Ext.A11
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 24.09.2014.
Reference:
Ext.A12
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Original letter dated 27.09.2016 given by the 2nd defendant.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of loan account of defendants along with certification.
Reference:
Ext.A14
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 established the case as pleaded.
Reference:
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 rent
Case Code
Case between Corporation Bank vs Jeouf Thomas et al regarding realization of money.
Case Code Year
Case between Corporation Bank vs Jeouf Thomas et al regarding realization of money.