Case Summary
The Federal Bank Limited is seeking recovery of a loan amount that has not been repaid by Nithin Xavier and his father Xavier C.X. The defendants failed to repay an educational loan despite repeated reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit allowing The Federal Bank to recover the amount due from the defendants along with interest. The defendants were set ex-parte due to their failure to appear.
Why Plaintiff Won:
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
The plaintiff presented unchallenged proof affidavit and documents that satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited
- Party Role
- Defendant
- Party Name
- Nithin Xavier
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Xavier C.X
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Application for Education loan, Sanction order cum reporting statement, Agreement for Federal Special Vidya Loan Scheme, Agreement for interest subsidy, Letter of undertaking cum declaration, Demand promissory note for Rs. 4 Lakhs, Bonafide certificate, Letters of confirmation of balance outstanding, True copy of the lawyer notice, Loan account extract.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jiji N Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of ₹6,93,101.04 with future interest.
Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 6,93,101.04 with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Application for Education Loan
Submitted By:
Plaintiff
Relevance:
This document was part of proof affidavit and was used to establish the claim for the education loan.
Reference:
Ext.A1
Document Type:
Sanction order cum reporting statement
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence to support the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
This document was used to verify the loan scheme terms agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
Agreement for interest subsidy
Submitted By:
Plaintiff
Relevance:
This document details the interest subsidy terms associated with the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking cum declaration
Submitted By:
Plaintiff
Relevance:
This document outlines the defendants' commitment regarding the loan.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is evidence of the loan amount agreed by the defendants.
Reference:
Ext.A6
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document relates to the security pledged by the defendants for the loan.
Reference:
Ext.A7
Document Type:
Bonafide Certificate
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the defendants' enrollment in the educational institution.
Reference:
Ext.A8
Document Type:
Letter of confirmation of balance outstanding
Submitted By:
Plaintiff
Relevance:
This document was used to establish acknowledged liabilities by the defendants.
Reference:
Ext.A9
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document demonstrates the plaintiff's attempt to recover dues through legal notice.
Reference:
Ext.A11
Document Type:
Loan Account Extract
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the defendants' loan status as of the specified date.
Reference:
Ext.A14
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 Nithin Xavier et al regarding recovery of money.
Case Code Year
Case between The Federal Bank Limited vs Nithin Xavier et al regarding recovery of money.