Case Summary
The case involves Canara Bank, which granted an educational loan to Arjun Binoy and others. The defendants defaulted on the repayment, leading the bank to file a suit for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.4,59,681/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The evidence provided by the plaintiff established the case without any rebuttal from the defendants.
The evidence provided by the plaintiff established the case without any rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. 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: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,59,681/- (Rupees Four Lakhs Fifty Nine Thousand Six Hundred and Eighty one Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Arjun Binoy
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Benoy Abraham
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abraham P M
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Agreement Cum Deed of Hypothecation, Guarantee Agreement, Acknowledgment of Debt and security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Priya R Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,59,681/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought recovery of costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document establishes the hypothecation of the loan account.
Reference:
Ext.A1
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document outlines the guarantee agreement related to the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document reflects acknowledgment of the debt related to the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document reflects acknowledgment of the debt again related to the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document contains the statement of the loan account showing the outstanding amount.
Reference:
Ext.A5
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Document is a notice sent to the defendants regarding the loan default.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents establish communication attempts with the defendants.
Reference:
Ext.A7 Series
Document Type:
Returned cover and Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Documents confirm reception of notices sent to the defendants.
Reference:
Ext.A8 Series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Arjun Binoy et al regarding realization of money
Case Code Year
Case between Canara Bank vs Arjun Binoy et al regarding realization of money