Case Summary
The plaintiff, The Federal Bank Limited, filed a suit against the defendants, Anila Mary Joseph and Cicily Joseph, for recovery of a loan amounting to Rs. 4,99,682.44. The defendants failed to adhere to the repayment schedule after availing a loan granted for educational purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize the sum of Rs. 4,99,682.44 with 6% interest from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the recovery of Rs. 4,99,682.44 from the defendants with interest. The plaintiff was also granted the costs of the suit.
Why Plaintiff Won:
The plaintiff provided sufficient documentation and evidence to support their claim.
The plaintiff provided sufficient documentation and evidence to support their claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs base their claim mainly on 3 documents produced from their side. They are 1) Agreement for Federal Special Vidya Loan Scheme dated 19/09/2013, 2) Promissory Note dated 19/09/2013 and 3) Security Delivery Letter dated 19/09/2013 which were marked as ExtA1, Ext.A2, Ext A3. The defendants have not raised any challenge to these documents.
Judgment Evidence:
In the result, the suit is decreed as follows 1) The plaintiff is found entitled for the sum of Rs. 4,99,682.44 with 6% interest from the date of the suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited
- Party Role
- Defendant
- Party Name
- Anila Mary Joseph
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Cicily Joseph
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Agreement for Federal Special Vidya Loan Scheme, Promissory note, Security delivery letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Madhusoodanan K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul T.G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathew Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Syriac Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.R.Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V.Sanosh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover a sum of Rs. 4,99,682.44 from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs. 4,99,682.44 from the defendant and their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff claims interest on the sum awarded at a rate of 6% from the date of the suit until realization.
Evidence:
Therefore, the rate of interest from the date of the suit till realization is fixed at 6% per annum on the principal amount lent.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
Therefore, I’m of the view that the plaintiff is entitled to realize the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the loan granted to the defendants for the 1st defendant's education.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is a written promise by the defendants to pay back the loan amount.
Reference:
Ext.A2
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document outlines the security measures related to the loan agreement.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This is a later promissory note acknowledging the debt as recognized by the defendants.
Reference:
Ext.A4
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document is a security delivery letter signed by the defendants acknowledging the loan.
Reference:
Ext.A5
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the outstanding balance of the loan as acknowledged by the defendants.
Reference:
Ext.A6
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 The Federal Bank Limited vs Anila Mary Joseph et al regarding recovery of money
Case Code Year
Case between The Federal Bank Limited vs Anila Mary Joseph et al regarding recovery of money