Case Summary
The plaintiff, Federal Bank Ltd., is seeking to recover a loan amount from the defendants who were the borrower and guarantors. The defendants defaulted on the repayment of the loan and did not adhere to the terms agreed upon.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹66,500/- with 6% interest from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit allowing the plaintiff to recover a reduced amount from the defendants. The plaintiff was granted costs of the proceedings.
Why Plaintiff Won:
The court found that the plaintiff provided sufficient evidence of the loan agreement and default.
The court found that the plaintiff provided sufficient evidence of the loan agreement and default.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
This court is of the view that ₹1,15,500/- (Rupees One Lakh Fifteen Thousand and Five Hundred only) is received by the defendants in total. Out of which ₹49,000/- (Rupees Forty Nine Thousand only) was repaid by them till 07.09.2018.
Judgment Evidence:
In the result, suit is decreed in-part as follows: 1. The plaintiff is entitled to realize ₹66,500/- (Rupees Sixty Six Thousand and Five Hundred only) with 6% interest from the date of suit till the date of the realization. 2. Plaintiff is also entitled to realize costs of the proceedings from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Federal Bank Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ananthu Satheesan
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesan B.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulabha
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Application for loan, Sanction order, Demand promissory note, Agreement for federal special vidya loan, Security delivery letter, Confirmation of balance outstanding, Statement of account from 26-6-2013 to 14-08-2018, Copy of Advocate Notice.
Defendants Documents
Bank pass book, Federal Bank, Edava Branch in favour of Ananthu Satheesan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Niyas A. Salam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Krishna Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiff's request to recover an amount of Rs. 1,53,131.94/- with interest.
Evidence:
The total amount can be considered as `66,500/- (Rupees Sixty Six Thousand and Five Hundred only) with 6% interest.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the proceedings from the defendants.
Evidence:
Plaintiff is also entitled to realize costs of the proceedings from the defendants.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
This document is related to the application made by the defendants for the loan.
Reference:
Ext.A1
Document Type:
Sanction order
Submitted By:
Plaintiff
Relevance:
This document indicates the approval of the loan by the bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendants' promise to repay the loan amount.
Reference:
Ext.A3
Document Type:
Agreement for Federal Special Vidya Loan
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement.
Reference:
Ext.A4
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document pertains to the collateral provided for the loan.
Reference:
Ext.A5
Document Type:
Confirmation of Balance Outstanding
Submitted By:
Plaintiff
Relevance:
This document confirms the balance amount outstanding as of a specific date.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the account statement showing transactions related to the loan.
Reference:
Ext.A7
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice sent to the defendants regarding the loan repayment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the notice.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of mail sent to the defendants.
Reference:
Ext.A10
Document Type:
Certificate under section 2(8)(b) read with section 2A of the Bankers’ Book Evidence Act
Submitted By:
Plaintiff
Relevance:
This document certifies the entries in the bank's books relating to the loan.
Reference:
Ext.A12
Document Type:
Bank Pass Book
Submitted By:
Defendant
Relevance:
This document shows the transactions of the defendants concerning the bank account related to the loan.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Federal Bank Ltd. vs Ananthu Satheesan et al regarding recovery of loan amount
Case Code Year
Case between Federal Bank Ltd. vs Ananthu Satheesan et al regarding recovery of loan amount