Case Summary
The plaintiff, State Bank of India, filed a suit against the defendants, Arathi T.T. and Asokan T.T., for recovery of an Education Loan amounting to Rs.5,32,254. The defendants failed to appear in court, leading to the case being determined ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay an amount of Rs.5,32,254 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the due amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved the case with unchallenged evidence.
The plaintiff successfully proved the case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with unchallenged evidence.
The plaintiff successfully proved the case with unchallenged evidence.
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 and he is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.5,32,254/- (Rupees Five Lakhs Thirty Two Thousand Two Hundred and Fifty Four 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 realization of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Arathi T.T.
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Asokan T.T.
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Agreement letter for term loan under education loan scheme, Statement of account of Arathi and Asokan, Copy of lawyer notice issued.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.K. Ramachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.M. Previn
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Payment of Rs.5,32,254/- with interest to the plaintiff.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.5,32,254/- (Rupees Five Lakhs Thirty Two Thousand Two Hundred and Fifty Four 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 realization of decree amount.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to realize costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Agreement letter for term loan under education loan scheme
Submitted By:
Plaintiff
Relevance:
Agreement executed for the education loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Agreement letter for term loan under education loan scheme
Submitted By:
Plaintiff
Relevance:
Agreement executed for the education loan taken by the defendant.
Reference:
Ext.A2
Document Type:
Agreement in Annexure
Submitted By:
Plaintiff
Relevance:
Agreement entered into between Arathi Asokan and RASMEC Calicut Branch.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the due amount from the defendants.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment of loan.
Reference:
Ext.A5
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Document related to the communication with the defendants.
Reference:
Ext.A6
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to the communication with the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between State Bank of India vs Arathi T.T. regarding recovery of loan amount
Case Code Year
Case between State Bank of India vs Arathi T.T. regarding recovery of loan amount