Case Summary
The plaintiff, State Bank of India, is seeking repayment of an education loan from the defendants. The defendants have failed to repay the agreed loan amount despite multiple demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall jointly and severally pay an amount of Rs.3,66,334.30/- to the plaintiff with interest
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to repay the loan amount with interest.
Why Plaintiff Won:
The plaintiff successfully proved the loan agreement and the defendants' failure to repay it.
The plaintiff successfully proved the loan agreement and the defendants' failure to repay it.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan agreement and the defendants' failure to repay it.
The plaintiff successfully proved the loan agreement and the defendants' failure to repay it.
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.3,66,334.30/- to the plaintiff with further interest at the rate of 10.40% 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aswani D.S.
- Party Age
- 25
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Devaki K.
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Loan application form, Sanction letter, Arrangement letter, Education loan agreement, Lawyer notice, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall jointly and severally pay an amount of Rs.3,66,334.30/- to the plaintiff.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.3,66,334.30/- (Rupees three lakhs sixty six thousand three hundred and thirty four and paise thirty only) to the plaintiff with further interest at the rate of 10.40% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The 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:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted by Aswini D.S. and Devaki before SBI Bank, Naduvannur Branch.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by SBI Bank, Calicut RASMECCC Branch to Aswini D.S.
Reference:
Ext.A2
Document Type:
Arrangement letter for Term Loan
Submitted By:
Plaintiff
Relevance:
Issued by SBI Bank, Mananchira Branch to Aswini D.S.
Reference:
Ext.A3
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Entered into between SBI Bank, Naduvannur Branch and Aswini D.S.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by Adv. Vinod Singh Cheriyan to Aswini D.S. and another.
Reference:
Ext.A5
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Relevant evidence pertaining to the communication attempts.
Reference:
Ext.A6
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Relevant evidence pertaining to the communication attempts.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy issued by SBI, Naduvannur Branch showing the due amount.
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
Non-payment of rent
Case Code
Case between State Bank of India vs Aswani D.S., Devaki K. regarding realisation of money
Case Code Year
Case between State Bank of India vs Aswani D.S., Devaki K. regarding realisation of money