Case Summary
The case involves Canara Bank, which is seeking to recover an outstanding educational loan from the defendants. The defendants had failed to repay the loan despite multiple demands and acknowledgments of their liabilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,32,592.48 with interest at the rate of 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest and costs. The defendants failed to appear in court, leading to an ex parte decision.
Why Plaintiff Won:
The plaintiff proved her case with sufficient evidence and there was no rebuttal from the defendants.
The plaintiff proved her case with sufficient evidence and there was no rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.1,32,592.48 with interest at the rate of 6% per annum from the date of suit till the date of realistation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Gayathri.P.Naick
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Al-Ameen.N
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Laila Beevi
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Skill Loan Application, Sanction letter, Delivery Letter to DPN, Acknowledgment of debt and Security, Lawyer's notice, Postal Receipts, Acknowledgment Card, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Udayabhanu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the amount due from the defendants.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.1,32,592.48/-, with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Skill Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan application for the educational loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was presented to show the approval of the educational loan.
Reference:
Ext.A2
Document Type:
Delivery letter to DPN
Submitted By:
Plaintiff
Relevance:
Used to confirm the delivery of the loan amount as per the agreement.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
These documents confirm the acknowledgment of the outstanding debt by the defendants.
Reference:
Ext.A4 and A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish that the defendants were formally notified of their debts.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the sending of the legal notice to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document was used to show the acknowledgment of receipt of the legal notice by the defendants.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a summary of the defendants' loan account and outstanding balance.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of loan dues
Case Code
OS.
Case Code Year
2024