Case Summary
State Bank of India filed a suit against Ms.Ameerunnisa K and her father Mr.Alavikutty K for the repayment of an education loan. The defendants failed to repay the loan despite multiple demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 2,92,069/- with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the due loan amount from the defendants with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved the amount due.
The unchallenged evidence of the plaintiff proved the amount due.
Losing Side's Weaknesses:
Not available
Not available
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. 2,92,069/- (Rupees Two Lakh ninety Two Thousand and Sixty Nine only) from the defendants with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Ms.Ameerunnisa K
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mr.Alavikutty K
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
True copy of the acquisition of State Bank of Travancore, loan application, sanction letter, agreement for loan, copy of 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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Saranya O
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shynu H
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 2,92,069/- 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. 2,92,069/- (Rupees Two Lakh ninety Two Thousand and Sixty Nine 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:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize 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:
True copy of the acquisition of State Bank of Travancore, order 2017 published in Gazette of India
Submitted By:
Plaintiff
Relevance:
This document served as proof regarding the acquisition of the State Bank of Travancore relevant to the case.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was the application submitted by the first defendant for the education loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document showed the approval of the education loan to the first defendant.
Reference:
Ext.A3
Document Type:
Agreement for term loan for Education
Submitted By:
Plaintiff
Relevance:
This document contained the terms of the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A4
Document Type:
Copy of lawyer notice with postal receipt
Submitted By:
Plaintiff
Relevance:
This document evidenced the legal demand for repayment sent to the defendants.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document served as evidence of receipt of the lawyer notice by the first defendant.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document served as evidence of receipt of the lawyer notice by the second defendant.
Reference:
Ext.A7
Document Type:
True extract of statement of account
Submitted By:
Plaintiff
Relevance:
This document provided a record of the loan account and the amount due.
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 Ms.Ameerunnisa K et al regarding realisation of money
Case Code Year
Case between State Bank of India vs Ms.Ameerunnisa K et al regarding realisation of money