Case Summary
The plaintiff, a banking concern, is suing the defendants for failing to repay a loan amounting to ₹6,68,180.20. The defendants, a daughter and her father, admitted to taking a loan but seek reduction of extra charges and overdue interest due to financial struggles.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹6,68,180.20 with 6% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total amount of ₹6,68,180.20 with interest at 6% per annum. The defendants' request for a reduction in charges was not granted.
Why Plaintiff Won:
The plaintiff proved that the defendants owed the specified amount based on the loan agreement and promissory notes executed post-majority.
The plaintiff proved that the defendants owed the specified amount based on the loan agreement and promissory notes executed post-majority.
Losing Side's Weaknesses:
The plaintiff proved that the defendants owed the specified amount based on the loan agreement and promissory notes executed post-majority.
The plaintiff proved that the defendants owed the specified amount based on the loan agreement and promissory notes executed post-majority.
Supporting Evidence
I am of the opinion, from the evidence on record, that the case of the plaintiff stands proved and the plaintiff is entitled to realize an amount of 6,68,180.20/- from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are directed to pay jointly to the plaintiff, a total amount of 6,68,180.20/- with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- THE FEDERAL BANK LIMITED
- Party Role
- Defendant
- Party Name
- Smt. Nimisha. M. Sunil
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sri. Sunil.M.T
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Application Form for Education Loan, Sanction Order cum Reporting Statement, Agreement for Federal Special Vidya Loan Scheme, Demand Promissory Note, Security Delivery Letter, Confirmation of Balance outstanding.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jiji N Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. S Abdul Khadir
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay a total amount of 6,68,180.20/- to the plaintiff.
Evidence:
the defendants are directed to pay jointly to the plaintiff, a total amount of 6,68,180.20/- (Rupees six lakhs sixty eight thousand one hundred and eighty and twenty paise only)
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum till realization.
Evidence:
with interest at the rate of 6% per annum (Simple interest) from the date of institution of the suit
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application Form for Education Loan
Submitted By:
Plaintiff
Relevance:
Document demonstrating the application for the loan availed by the first defendant.
Reference:
Ext.A1
Document Type:
Sanction order cum reporting statement
Submitted By:
Plaintiff
Relevance:
Document confirming the sanction of the loan to the first defendant.
Reference:
Ext.A2
Document Type:
Agreement for Federal Special Vidya Loan Scheme
Submitted By:
Plaintiff
Relevance:
Loan agreement outlining the terms of the loan provided to the first defendant.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendants acknowledging the loan.
Reference:
Ext.A4
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Letter serving as a document of security for the loan availed.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document indicating the defendants' commitment to the loan after attaining majority.
Reference:
Ext.A6
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Document related to the security provided for the loan after the defendants attained majority.
Reference:
Ext.A7
Document Type:
Certificate issued by Cochin Institute of Science and Technology
Submitted By:
Plaintiff
Relevance:
Certificate verifying the first defendant's enrollment in the education program for which the loan was taken.
Reference:
Ext.A8
Document Type:
Confirmation of Balance Outstanding
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance owed by the defendants.
Reference:
Ext.A9
Document Type:
Confirmation of Balance Outstanding
Submitted By:
Plaintiff
Relevance:
Another document verifying the outstanding amount on the loan.
Reference:
Ext.A10
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding their failure to repay the loan.
Reference:
Ext.A11
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent to the defendants regarding the loan.
Reference:
Ext.A12 (Series)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of documents sent to the defendants.
Reference:
Ext.A13
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Additional acknowledgment of receipt pertaining to communications with the defendants.
Reference:
Ext.A13(a)
Document Type:
Computer Print out of Statement of account for the period from 17.09.2013 to 04.04.2023
Submitted By:
Plaintiff
Relevance:
Detailed account statement outlining the transactions and dues related to the loan.
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 Smt. Nimisha. M. Sunil, Sri. Sunil.M.T regarding recovery of money.
Case Code Year
Case between THE FEDERAL BANK LIMITED vs Smt. Nimisha. M. Sunil, Sri. Sunil.M.T regarding recovery of money.