Case Summary
Canara Bank has filed a suit against Anju C.W and C.Wilson for the recovery of an education loan that remains unpaid. The defendants have defaulted on the repayment of the loan despite numerous requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,64,520/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court has granted the plaintiff a decree to recover the outstanding loan amount along with interest. The defendants are held liable for the repayment as per the loan agreement.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to support its claim, including loan agreements and an outstanding amount due as per the statement of accounts.
The plaintiff provided sufficient evidence to support its claim, including loan agreements and an outstanding amount due as per the statement of accounts.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The perusal of Ext.A3 offered before Court would go to show that an amount of Rs.3,64,520/- is due to the plaintiff as on 19/04/2023.
Judgment Evidence:
In the result, the suit is decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.3,64,520/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Anju C.W
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C.Wilson
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Loan application form dated 31/10/2011, Agreement of Educational Loan, Computer print of statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anu S.Thejomai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount of Rs. 3,64,520/- with interest from the defendants.
Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,64,520/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the terms under which the education loan was sanctioned.
Reference:
Ext.A1
Document Type:
Agreement of Educational Loan
Submitted By:
Plaintiff
Relevance:
Serves to outline the obligations of the defendants regarding the repayment of the loan.
Reference:
Ext.A2
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provided details of the outstanding loan amount and repayment history.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Anju C.W, C.Wilson regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Anju C.W, C.Wilson regarding realisation of money