Case Summary
The case involves State Bank of India seeking to recover an education loan amount from the defendants. The defendants were absent during the trial and the suit was decreed in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,47,187/- with interest.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount due from the defendants.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff showed entitlement to the decree.
The unchallenged evidence of the plaintiff showed entitlement to the decree.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff showed entitlement to the decree.
The unchallenged evidence of the plaintiff showed entitlement to the decree.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A7 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 3,47,187/- (Rupees Three Lakhs Forty Seven Thousand One Hundred and Eighty Seven only) from the defendants 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr.Jithin Krishna BR
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Balakrishnan MK
- Party Age
- 56
Plaintiffs Documents
Loan application, Arrangement letter, Agreement for term loan, Copy of lawyer notice, Returned cover with postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.Subhash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 3,47,187/- (Rupees Three Lakhs Forty Seven Thousand One Hundred and Eighty Seven only) from the defendants with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document shows the initial loan application submitted by the first defendant.
Reference:
Ext.A1
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This letter outlines the arrangement for the education loan sanctioned by the plaintiff.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms of the education loan provided to the first defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan amount.
Reference:
Ext.A4
Document Type:
Returned cover with postal receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the returned lawyer's notice sent to the defendants.
Reference:
Ext.A5
Document Type:
Returned cover with postal receipt
Submitted By:
Plaintiff
Relevance:
This document also evidences the returned lawyer's notice.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This account statement shows the balance due and the history of payments related to the loan.
Reference:
Ext.A7
Case Classification
Case Type
Original 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 Mr.Jithin Krishna BR et al regarding realisation of money
Case Code Year
Case between State Bank of India vs Mr.Jithin Krishna BR et al regarding realisation of money