Case Summary
The plaintiff, State Bank Of India, filed a suit against the defendants, Ms.Smrithi Mol.K and her mother, Mrs.Jayarani.C, for the recovery of an education loan amounting to Rs. 4,70,658/-. The defendants failed to repay the loan despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 4,70,658/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing recovery of the loan amount of Rs. 4,70,658/- from the defendants, along with interest and costs of the suit.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and supporting documents established the claim.
The unchallenged evidence of the plaintiff and supporting documents established the claim.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and supporting documents established the claim.
The unchallenged evidence of the plaintiff and supporting documents established the claim.
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: The plaintiff is entitled to realise an amount of Rs. 4,70,658/- (Rupees Four Lakh Seventy Thousand Six Hundred and Fifty Eight 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
- Ms.Smrithi Mol.K
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mrs.Jayarani.C
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Education loan Application, Sanction letter, Arrangement letter for term loan, Agreement for loan for Education, Copy of the lawyer notice, Returned registered postal covers.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs. 4,70,658/- from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 4,70,658/- (Rupees Four Lakh Seventy Thousand Six Hundred and Fifty Eight only) from the defendants...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 4,70,658/- (Rupees Four Lakh Seventy Thousand Six Hundred and Fifty Eight 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:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to future interest at the rate of 6% from the date of decree till realization.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Education Loan Application
Submitted By:
Plaintiff
Relevance:
This document shows the application made by the defendants for the education loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the education loan by SBI.
Reference:
Ext.A2
Document Type:
Arrangement letter for Term Loan
Submitted By:
Plaintiff
Relevance:
This letter outlines the terms and conditions accepted by the defendants for the loan.
Reference:
Ext.A3
Document Type:
Agreement for loan for education
Submitted By:
Plaintiff
Relevance:
This agreement details the defendants' obligations regarding the repayment of the education loan.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document shows the notice sent to the defendants demanding repayment of the loan.
Reference:
Ext.A5
Document Type:
Returned registered postal cover of D1
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the lawyer's notice sent to defendant No.1 was returned.
Reference:
Ext.A6
Document Type:
Returned registered postal cover of D2
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the lawyer's notice sent to defendant No.2 was returned.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This extract provides details of the loan account and outstanding amounts.
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.Smrithi Mol.K et al regarding realisation of money.
Case Code Year
Case between State Bank Of India vs Ms.Smrithi Mol.K et al regarding realisation of money.