Case Summary
The case involves State Bank Of India suing Mathews.P.C. and Smt.Ammini.P.C. for the recovery of a loan amount due to default in payment. The plaintiff presented evidence showing the defendants' failure to repay the educational loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.2,16,947/ along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount along with interest. The defendants' failure to appear in court led to an ex parte judgment.
Why Plaintiff Won:
Plaintiff established a case for recovery of the loan amount through unchallenged evidence.
Plaintiff established a case for recovery of the loan amount through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established a case for recovery of the loan amount through unchallenged evidence.
Plaintiff established a case for recovery of the loan amount through unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,16,947/ with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.2,16,947/ (Rupees Two lakhs sixteen thousand nine hundred and forty seven only) along with interest @13.50% per annum from 27.05.2023 till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank Of India
- Party Role
- Plaintiff
- Party Name
- Fredric Jose
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathews.P.C.
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.Ammini.P.C.
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Application cum appraisal form for education loan, Arrangement Letter for the Term Loan, Agreement for Term Loan, Copy of Lawyers Notice issued to the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Jose Pious
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Sunilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the due amount of Rs.2,16,947/- with interest.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,16,947/- with interest from defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay interest on the due amount.
Evidence:
Plaintiff is entitled for interest at the rate of @13.50% from 27.05.2023 till the date of decree, and 6% from the date of decree till the date of payment or realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Personal and asset liability of defendants.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Documents & Evidence
Document Type:
Application cum appraisal form for Education loan
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement and its terms.
Reference:
Ext.A1
Document Type:
Arrangement Letter for the Term Loan under Education Loan Scheme
Submitted By:
Plaintiff
Relevance:
Used to confirm the sanction of loan to the defendants.
Reference:
Ext.A2
Document Type:
Agreement for Term Loan under Education Loan Scheme
Submitted By:
Plaintiff
Relevance:
Established the terms of the loan executed by the defendants.
Reference:
Ext.A3
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Showed that the plaintiff had issued a notice for repayment.
Reference:
Ext.A4
Document Type:
Acknowledgement card signed by the defendant No.1
Submitted By:
Plaintiff
Relevance:
Verified receipt of the notice by one of the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgement card signed by the defendant No.2
Submitted By:
Plaintiff
Relevance:
Verified receipt of the notice by the other defendant.
Reference:
Ext.A6
Document Type:
Computer ledger of Term Loan Account
Submitted By:
Plaintiff
Relevance:
Provided evidence of the loan amounts and payment history.
Reference:
Ext.A7
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 State Bank Of India vs Mathews.P.C. et al regarding realization of money.
Case Code Year
Case between State Bank Of India vs Mathews.P.C. et al regarding realization of money.