Case Summary
This case involves Canara Bank seeking repayment of loans from the defendants, who defaulted on their education loans. The court found that the defendants have failed to repay the outstanding loan amount despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,16,234.58/- along with interest @10.65% per annum and Rs.1,72,892.10/- along with interest @ 10.15% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding loan amounts along with interest. The defendants are personally liable to satisfy the decree debt with their assets.
Why Plaintiff Won:
The plaintiff established a clear case of default on the loan agreements by the defendants.
The plaintiff established a clear case of default on the loan agreements by the defendants.
Losing Side's Weaknesses:
The plaintiff established a clear case of default on the loan agreements by the defendants.
The plaintiff established a clear case of default on the loan agreements by the defendants.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,16,234.58/- with interest at the rate of 10.65%...
Judgment Evidence:
In the result, suit is decreed as follows:- 1)Defendants shall pay Rs.4,16,234.58/- along with interest @10.65% per annum and Rs.1,72,892.10/- along with interest @ 10.15% per annum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kadavanthra Branch
- Relation
- represented by its Manager and authorized officer, Sri Danny Babu
- Party Role
- Defendant
- Party Name
- Gopika Ashok A S
- Party Age
- 26
- Relation
- D/o Ashok Kumar
- Party Role
- Defendant
- Party Name
- Ashok Kumar K
- Party Age
- 53
- Relation
- S/o T S Kesavan
- Party Role
- Defendant
- Party Name
- Salim Babu P K
- Party Age
- 63
- Relation
- S/o T S Kesavan
Plaintiffs Documents
Original educational loan agreement dated 20.08.2016, Original educational loan agreement dated 02.07.2019, Acknowledgment of debt and security dated 28.07.2022, Acknowledgment of debt and security dated 29.12.2023, Copy of lawyer notice sent to the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Thanzeer Khan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sobhan George
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.4,16,234.58/- with interest at the rate of 10.65% and Rs.1,72,892.10/- with interest at the rate of 10.15% from defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,16,234.58/- (Rupees Fourlakhs sixteen thousand two hundred and thirty four and fifty eight paise only) along with interest @10.65% per annum and Rs.1,72,892.10/- (Rupees One lakh seventy two thousand eight hundred and ninety two and ten paise only) along with interest @ 10.15% per annum.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Shows that 1st and 2nd defendants availed loan of Rs.3,00,000/- from plaintiff bank.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original of educational loan agreement dated 02.07.2019.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original of guarantee agreement dated 02.07.2019.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment of debt and security dated 28.07.2022 for the loan account No.1859651019988.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment of debt and security dated 29.12.2023 for the loan account No.1859651020015.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by 1st defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by 2nd defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by 3rd defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of 1st defendant from 20.08.2016 to 03.01.2024 showing default in repayment.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of 1st defendant from 02.07.2019 to 03.01.2024 showing default in repayment.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank, Kadavanthra Branch vs Gopika Ashok A S et al regarding realization of money
Case Code Year
Case between Canara Bank, Kadavanthra Branch vs Gopika Ashok A S et al regarding realization of money