Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendants, Sruthi B. Dharan and Thulaseedharan, for recovery of an education loan amount. The defendants failed to repay the loan despite multiple demands and executed several acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.4,50,536.43 with interest at 9% per annum from the date of the suit till the date of decree, and 6% thereafter.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing recovery of the outstanding loan amount along with interest. The defendants are held jointly and severally liable for the repayment.
Why Plaintiff Won:
The plaintiff established its case through unchallenged testimony and supporting documents showing the defendants' liability.
The plaintiff established its case through unchallenged testimony and supporting documents showing the defendants' liability.
Losing Side's Weaknesses:
The plaintiff established its case through unchallenged testimony and supporting documents showing the defendants' liability.
The plaintiff established its case through unchallenged testimony and supporting documents showing the defendants' liability.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed off a loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.4,50,536.43/- (Rupees Four lakhs fifty thousand five hundred and thirty six and forty three paise only) with interest at the rate of 09.00% per annum from the date of suit till the date of decree. Thereafter 6% interest from the date of decree till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (Vijaya Bank)
- Party Role
- Defendant
- Party Name
- Sruthi B. Dharan
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thulaseedharan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Loan application form dated 28/11/2012, Sanction letter, Affidavit, Income affidavit, Articles of Agreement, various acknowledgment of debt documents, legal notice dated 02/05/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeba Jaffer Sait
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount with interest.
Evidence:
The suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.4,50,536.43/- with interest at the rate of 09.00% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application form dated 28/11/2012 shows the initiation of the loan process.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The sanction letter confirms the approval of the education loan by the bank.
Reference:
Ext.A2
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The affidavit is part of the loan documentation affirming the terms.
Reference:
Ext.A3
Document Type:
Income Affidavit
Submitted By:
Plaintiff
Relevance:
The income affidavit submitted during the loan process.
Reference:
Ext.A4
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
The articles of agreement that outline the responsibilities of the defendants.
Reference:
Ext.A5
Document Type:
Request Letters
Submitted By:
Plaintiff
Relevance:
These letters are requests for extension of time for repayment of the education loan.
Reference:
Exts.A6 to A9
Document Type:
Letter of Repayment
Submitted By:
Plaintiff
Relevance:
This document pertains to the repayment discussions regarding the loan.
Reference:
Ext.A10
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note indicating the defendants' commitment to repay the loan.
Reference:
Ext.A11
Document Type:
Acknowledgments of Debt
Submitted By:
Plaintiff
Relevance:
These acknowledgments signify the defendants' admission of their outstanding debt.
Reference:
Exts.A12 to A15
Document Type:
Application for Relief
Submitted By:
Plaintiff
Relevance:
This application pertains to relief sought under the Covid-19 framework.
Reference:
Ext.A16
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the defendants regarding the outstanding loan amount.
Reference:
Ext.A17
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of the delivery of the legal notice.
Reference:
Ext.A18
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice received from the defendants regarding the legal notice.
Reference:
Ext.A19
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The statement shows the outstanding dues as claimed by the plaintiff.
Reference:
Ext.A20
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
O.S.NO.
Case Code Year
2023