Case Summary
The case involves the State Bank of India seeking repayment of an education loan amounting to Rs.5,85,898 from the defendants, Abhinand K.R. and his father, Ravi K. The defendants failed to repay the loan despite multiple demands, leading the bank to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay an amount of Rs.5,85,898 with interest at the rate of 9.95% 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay Rs.5,85,898 with interest and costs. The defendants failed to appear in court, leading to them being set ex parte.
Why Plaintiff Won:
The plaintiff successfully proved their case with unchallenged evidence and documentation.
The plaintiff successfully proved their case with unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff successfully proved their case with unchallenged evidence and documentation.
The plaintiff successfully proved their case with unchallenged evidence and documentation.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.5,85,898/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abhinand K.R.
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ravi K.
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Education loan application form, Sanction letter, Agreement letters, Copy of lawyer notice, 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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saranya O.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benny P.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall jointly and severally pay an amount of Rs.5,85,898/- to the plaintiff.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.5,85,898/- (Rupees five lakhs eighty five thousand eight hundred and ninety eight only) to the plaintiff with interest at the rate of 9.95 % 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.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff shall also be entitled to realise the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Education loan application form
Submitted By:
Plaintiff
Relevance:
Submitted by Abhinand before SBI, Kunnamangalam.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by SBI, Kozhikode to Abhinand and Ravi.
Reference:
Ext.A2
Document Type:
Agreement letter for term loan
Submitted By:
Plaintiff
Relevance:
Entered into between Abhinand and SBI, Kunnamangalam.
Reference:
Ext.A3
Document Type:
Agreement for Term Loan
Submitted By:
Plaintiff
Relevance:
Entered into between SBI, Kunnamangalam and Abhinand and Ravi.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by Adv. Vinod Singh Cheriyan to Abhinand and Ravi.
Reference:
Ext.A5
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by SBI, Kunnamangalam.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs Abhinand K.R. et al regarding realisation of money
Case Code Year
Case between State Bank of India vs Abhinand K.R. et al regarding realisation of money