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O.S. No.465/2020

Case between The Federal Bank Ltd vs Herbert Calvin Rodrigues, Linus Vincent Rodrigues regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SRI. REGHUNATH N.S.
Order Date
2024-04-08
Duration
approximately-9 years 9 months
Case Closed
Mon, 04/08/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The Federal Bank Ltd is suing Herbert Calvin Rodrigues and Linus Vincent Rodrigues for repayment of an education loan. The defendants defaulted on the loan repayment, leading the plaintiff to initiate this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a specified amount with interest.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 8,85,591.54 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a specified amount with interest.
Why Plaintiff Won:
The plaintiff proved its case through unchallenged oral testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved its case through unchallenged oral testimony and supporting documents.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and Ext. A1 to A9, the plaintiff has proved its case and therefore, he is entitled to get a decree as prayed for.

Judgment Evidence:

The suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 8,85,591.54 from the defendants jointly and severally with 12% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Herbert Calvin Rodrigues
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Linus Vincent Rodrigues
Party Age
65
Relation
S/o
Plaintiffs Documents
Original of the agreement for Federal Special Vidya Loan Scheme, Original of the Demand promissory note, Security Delivery letter, Balance confirmation letter, Certified copy of the computer printout duly certified under the bankers books of evidence Act, Statement regarding the rate of interest, Copy of legal notice, Acknowledgement card signed by D1, Acknowledgement card signed by D2.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Varghese J. Punnachalil
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover the loan amount along with interest.
Evidence:
The plaintiff has proved its case and therefore, he is entitled to get a decree as prayed for.

Documents & Evidence

Document Type: Agreement for Federal Special Vidya Loan Scheme
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favor of the plaintiff bank, outlining the loan terms.
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Jointly executed by the defendants in favor of the plaintiff bank as a loan security.
Reference:
Ext.A2
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
Jointly executed by the defendants, establishing further security for the loan.
Reference:
Ext.A3
Document Type: Balance Confirmation Letter
Submitted By: Plaintiff
Relevance:
Executed by both defendants, acknowledging the debt due to the plaintiff bank.
Reference:
Ext.A4
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Shows the outstanding loan amount as of a specific date.
Reference:
Ext.A5
Document Type: Statement Regarding Rate of Interest
Submitted By: Plaintiff
Relevance:
Details the applicable interest rate for the loan.
Reference:
Ext.A6
Document Type: Copy of legal notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants regarding default in payments.
Reference:
Ext.A7
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the first defendant.
Reference:
Ext.A8
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the second defendant.
Reference:
Ext.A9

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 The Federal Bank Ltd vs Herbert Calvin Rodrigues, Linus Vincent Rodrigues regarding realization of money
Case Code Year
Case between The Federal Bank Ltd vs Herbert Calvin Rodrigues, Linus Vincent Rodrigues regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 07/02/2014 - 12:00
Case Closed
Mon, 04/08/2024 - 12:00
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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