Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendants for the recovery of a loan amount of Rs. 4,59,808.85 due to non-repayment of an education loan. The defendants failed to appear in court, leading to an ex parte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to realize Rs. 4,59,808.85 with interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendants. The plaintiff is entitled to recover additional interest and costs.
Why Plaintiff Won:
The plaintiff established a case for recovering the loan amount due to the defendants' non-payment.
The plaintiff established a case for recovering the loan amount due to the defendants' non-payment.
Losing Side's Weaknesses:
The plaintiff established a case for recovering the loan amount due to the defendants' non-payment.
The plaintiff established a case for recovering the loan amount due to the defendants' non-payment.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Ext. A1 to A26, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiffs are entitled to realize Rs. 4,59,808.85 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Poonithura Branch
- Party Role
- Defendant
- Party Name
- Neenu Agnes K. G
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- George K. X
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.R. Lissy @ Thresia P.R.
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Application form for Union Education loan, letter of sanction, education loan agreement, demand promissory note, letter of undertaking.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize Rs. 4,59,808.85 from the defendants.
Evidence:
the plaintiff is entitled to realize an amount of Rs. 4,59,808.85 with interest from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest at 12% per annum for the amount from the date of suit till the date of decree.
Evidence:
entitled to realize interest @ 12% per annum for Rs. 4,59,808.85 from the date of suit till date decree
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest at 6% per annum for the amount from the date of decree till the date of realization.
Evidence:
entitled to realize interest @ 6% per annum for Rs. 4,59,808.85 from date of decree till date of realization
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from the defendants.
Evidence:
entitled to realize costs of the suit from defendants
Documents & Evidence
Document Type:
Application form for Union Education loan
Submitted By:
Plaintiff
Relevance:
Document used to show the application for the education loan.
Reference:
Ext.A1
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Document showing the letter of sanction for the education loan.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the education loan agreement.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document indicating the promise to repay the loan amount.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document showing the undertaking related to the education loan.
Reference:
Ext.A5
Document Type:
Application form for Union Education
Submitted By:
Plaintiff
Relevance:
Document used to show the application for a follow-up education loan.
Reference:
Ext.A6
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Document showing the letter of sanction for the follow-up education loan.
Reference:
Ext.A7
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the follow-up education loan agreement.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document indicating the promise to repay the follow-up loan amount.
Reference:
Ext.A9
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document establishing continuity of loan obligations.
Reference:
Ext.A10
Document Type:
General Lien and Set off
Submitted By:
Plaintiff
Relevance:
Document stating the lien over assets.
Reference:
Ext.A11
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document regarding further obligations related to the loan.
Reference:
Ext.A12
Document Type:
Letter of undertaking to be obtained from the student regarding assignment of future income
Submitted By:
Plaintiff
Relevance:
Document relating to future income assignment from the student.
Reference:
Ext.A13
Document Type:
Educational Loan Guarantee
Submitted By:
Plaintiff
Relevance:
Document providing guarantee for the loan.
Reference:
Ext.A14
Document Type:
Letter of undertaking from the guarantors
Submitted By:
Plaintiff
Relevance:
Document detailing undertakings from the guarantors.
Reference:
Ext.A15
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance as of 30.09.2013.
Reference:
Ext.A16
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance as of 14.10.2015.
Reference:
Ext.A17
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance as of 01.06.2017.
Reference:
Ext.A18
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance for another account as of 01.06.2017.
Reference:
Ext.A19
Document Type:
Letter of undertaking/Fresh promise in cases of time-barred debts
Submitted By:
Plaintiff
Relevance:
Document providing fresh promise for time-barred debts.
Reference:
Ext.A20
Document Type:
Debt Balance Confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance as of 15.01.2020.
Reference:
Ext.A21
Document Type:
Letter of undertaking/Fresh promise in cases of time-barred debts
Submitted By:
Plaintiff
Relevance:
Document providing fresh promise for time-barred debts.
Reference:
Ext.A22
Document Type:
Debt Balance Confirmation
Submitted By:
Plaintiff
Relevance:
Document confirming the outstanding balance for another account.
Reference:
Ext.A23
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document showing the notification sent to the defendants.
Reference:
Ext.A24
Document Type:
Statement of Account loan account
Submitted By:
Plaintiff
Relevance:
Document showing the statement of loan account as of 15.01.2024.
Reference:
Ext.A25
Document Type:
Statement of Account loan account
Submitted By:
Plaintiff
Relevance:
Document showing the statement of another loan account as of 15.01.2024.
Reference:
Ext.A26
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 Union Bank of India, Poonithura Branch vs Neenu Agnes K. G, George K. X, P.R. Lissy @ Thresia P.R. regarding realization of money.
Case Code Year
Case between Union Bank of India, Poonithura Branch vs Neenu Agnes K. G, George K. X, P.R. Lissy @ Thresia P.R. regarding realization of money.