Case Summary
This case involves the State Bank of India seeking repayment from the defendants, Mr. Nithin Lal UM and his father, Mr. Ravi UM, for an education loan. The defendants failed to repay the loan amount despite repeated demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 6,57,133/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the State Bank of India to recover the due amount from the defendants. The final judgment requires repayment with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff demonstrated their entitlement to the decree as prayed for.
The unchallenged evidence of the plaintiff demonstrated their entitlement to the decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff demonstrated their entitlement to the decree as prayed for.
The unchallenged evidence of the plaintiff demonstrated their entitlement to the decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A8 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. 6,57,133/- (Rupees Six Lakh Fifty Seven Thousand One Hundred and Thirty Three 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Mr.Nithin Lal UM
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Ravi UM
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Arrangement letter, Agreement for loan, Lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.TM Khalid
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Saranya O
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shynu H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 6,57,133/- from the defendants with interest.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 6,57,133/- (Rupees Six Lakh Fifty Seven Thousand One Hundred and Thirty Three 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.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
1.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:
Loan application submitted by Nithin Lal before State Bank of India, Koyilandy Branch.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued by State Bank of India, Koyilandy Branch to Nithin Lal UM.
Reference:
Ext.A2
Document Type:
Arrangement letter for loan
Submitted By:
Plaintiff
Relevance:
Arrangement letter for term for loan under education loan schemes issued by SBI, Koyilandy to Nithin Lal and another.
Reference:
Ext.A3
Document Type:
Agreement for loan for education
Submitted By:
Plaintiff
Relevance:
Agreement for loan for education entered into between Nithin Lal, Ravi UM and SBI Koyilandy.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice with postal receipt sent by Adv. Vinod Singh Cheriyan to Nithin Lal and Ravi UM.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card of Defendant No. 1.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card of Defendant No. 2.
Reference:
Ext.A7
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
True extract of Bank account statement of Nithin Lal issued by SBI Koyilandy.
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 Mr.Nithin Lal UM et al regarding realisation of money
Case Code Year
Case between State Bank of India vs Mr.Nithin Lal UM et al regarding realisation of money