Case Summary
State Bank of India has filed a suit against Ms. Mubeena C and Mrs. Jameela K for repayment of an education loan. The defendants defaulted on the loan repayment despite several demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 2,43,715/- 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.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, allowing the bank to recover the amount due along with interest and costs. The defendants have been found liable for the repayment.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff established entitlement to the decree.
The unchallenged evidence of the plaintiff established entitlement to the decree.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff established entitlement to the decree.
The unchallenged evidence of the plaintiff established entitlement to the decree.
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. 2,43,715/- (Rupees Two Lakh Forty Three Thousand Seven Hundred and Fifteen 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
- Party Role
- Defendant
- Party Name
- Ms.Mubeena C
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mrs.Jameela K
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
True copy of the acquisition of State Bank of Travancore, loan application, sanction letter, agreement for loan for education, copy of lawyer notice, returned postal cover, acknowledgment card, true extract of bank account statement.
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 the loan amount due from the defendants.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 2,43,715/- (Rupees Two Lakh Forty Three Thousand Seven Hundred and Fifteen 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 recover the costs of the suit.
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
Submitted By:
Plaintiff
Relevance:
This document establishes the legal background of the State Bank of Travancore's acquisition.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This application shows the request made by the defendants for the education loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the sanctioning of the loan to the defendants.
Reference:
Ext.A3
Document Type:
Agreement for loan for education
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was granted.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan amount.
Reference:
Ext.A5
Document Type:
Returned postal cover with acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows the attempt to deliver the notice to one defendant, which failed.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms that the notice sent to the second defendant was received.
Reference:
Ext.A7
Document Type:
True extract of Bank account statement
Submitted By:
Plaintiff
Relevance:
This statement provides a detailed account of the loan transactions related to the defendants.
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
Recovery of money
Case Code
Case between State Bank of India vs Ms.Mubeena C et al regarding realisation of money
Case Code Year
Case between State Bank of India vs Ms.Mubeena C et al regarding realisation of money