Case Summary
The plaintiff, State Bank of India, is seeking to recover money from the defendants, Arjun Sai and his father Sathianathan K., regarding an education loan. The defendants failed to repay the loan despite reminders and the case discusses the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay an amount of Rs.1,82,009/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court finds in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence regarding the loan and the defendants' failure to repay.
The plaintiff provided sufficient evidence regarding the loan and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence regarding the loan and the defendants' failure to repay.
The plaintiff provided sufficient evidence regarding the loan and the defendants' failure to repay.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.1,82,009/- (Rupees one lakh eighty two thousand and nine only) to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Vellimadukunnu Branch
- Party Role
- Defendant
- Party Name
- Arjun Sai
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathianathan K.
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Application form of education loan, Sanction letter, Arrangement letters for term loan, Lawyer notice, Unclaimed postal covers, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seema Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.M.Khalid
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shynu H.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the due amount from the defendants.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.1,82,009/- (Rupees one lakh eighty two thousand and nine only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the due amount from the date of suit.
Evidence:
with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Future interest on the due amount until realization.
Evidence:
with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Costs of the suit
Outcome:
Granted
Description:
Recovery of costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Application form of education loan
Submitted By:
Plaintiff
Relevance:
Used to establish the initiation of the education loan process.
Reference:
Ext.A1
Document Type:
Sanction letter for education loan
Submitted By:
Plaintiff
Relevance:
Used to prove the sanction of the loan to defendants.
Reference:
Ext.A2
Document Type:
Arrangement letter for Term Loan
Submitted By:
Plaintiff
Relevance:
Demonstrates the terms agreed upon by defendants for repayment.
Reference:
Ext.A3
Document Type:
Arrangement letter for Term Loan
Submitted By:
Plaintiff
Relevance:
Provides details on loan agreement terms with the defendants.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows efforts made to reach out to the defendants for repayment.
Reference:
Ext.A5
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Indicates attempts to communicate with the first defendant.
Reference:
Ext.A6
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Indicates attempts to communicate with the second defendant.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides the financial status of the loan account as evidence.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between State Bank of India, Vellimadukunnu Branch vs Arjun Sai et al regarding realisation of money
Case Code Year
Case between State Bank of India, Vellimadukunnu Branch vs Arjun Sai et al regarding realisation of money