Case Summary
This case involves the plaintiff Canara Bank seeking to recover money from the defendants due to their default on an education loan. The defendants failed to repay the loan amount despite several demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.5,33,113/- with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the owed amount. The defendants are liable for the outstanding loan along with interest.
Why Plaintiff Won:
The plaintiff proved its case by producing sufficient evidence including loan documents and acknowledgments of debts.
The plaintiff proved its case by producing sufficient evidence including loan documents and acknowledgments of debts.
Losing Side's Weaknesses:
The plaintiff proved its case by producing sufficient evidence including loan documents and acknowledgments of debts.
The plaintiff proved its case by producing sufficient evidence including loan documents and acknowledgments of debts.
Supporting Evidence
By producing Exts. A1 to A24 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,33,113/- (Rupees Five Lakhs Thirty Three Thousand One Hundred and Thirteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kundara Branch
- Party Role
- Defendant
- Party Name
- Sreelekshmi.M.B.
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C.D.Manian Pillai
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu.S
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Gazette notification No.GSR 155E, Loan application form, Land tax receipt, Possession certificate, Loan sanction letter, General Agreement for Education loan, Guarantee agreement, Notarized affidavit, Acknowledgment of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sowfiuar I
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.5,33,113/- with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,33,113/-...
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the plaintiff's claims.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the agreement for the education loan.
Reference:
Ext.A2
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
Relevant to establish the financial standing of the defendants.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Indicates the property owned by the defendants.
Reference:
Ext.A4
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document showing the sanctioning of the education loan.
Reference:
Ext.A5
Document Type:
General agreement for loan
Submitted By:
Plaintiff
Relevance:
Defines the terms and conditions of the loan agreement.
Reference:
Ext.A6
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Secures the loan with additional guarantees from defendants.
Reference:
Ext.A7
Document Type:
Notarized affidavit
Submitted By:
Plaintiff
Relevance:
Serves as a sworn statement regarding the loan's terms.
Reference:
Ext.A8
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Further confirms the defendants' obligations under the loan.
Reference:
Ext.A9
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Similar to Ext.A9, reinforcing the same obligations.
Reference:
Ext.A10
Document Type:
Stamped receipts
Submitted By:
Plaintiff
Relevance:
Proof of payments made in installments towards the loan.
Reference:
Ext.A11 to A18
Document Type:
Acknowledgment of receipts
Submitted By:
Plaintiff
Relevance:
Shows acknowledgment of payments/university receipts related to the loan.
Reference:
Ext.A19
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Affirmation of terms accepted by the defendants regarding repayment.
Reference:
Ext.A20
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document confirming the acknowledgment of the outstanding debt.
Reference:
Ext.A21
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Formal notice to the defendants regarding the debt.
Reference:
Ext.A22
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of correspondence sent to the defendants.
Reference:
Ext.A23
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the total amount due including interest over time.
Reference:
Ext.A24
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 rent
Case Code
Case between Canara Bank et al vs Sreelekshmi.M.B. et al regarding realization of money
Case Code Year
Case between Canara Bank et al vs Sreelekshmi.M.B. et al regarding realization of money