O.S No. 333/2025

Case between Canara Bank vs Ashmi Suresh et al regarding Suit for realisation of money.

Court

COURT OF THE MUNSIFF, KOTTAYAM

Judge

Smt. Jyothi Babu R.

Order Date

2025-11-18

Duration

approximately-1 year 5 months

Case Closed

Tue, 11/18/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Canara Bank filed a suit against Ashmi Suresh and Sureshkumar P K for the recovery of an outstanding loan amount. The defendants failed to appear in court, leading to an ex parte decision.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favour of the plaintiff, ordering the defendants to pay the overdue amount along with interest.

Judgment Favored

Plaintiff

Relief Granted

The defendants are ordered to pay the sum of 2,47,112/- with interest thereon.

Case Type

Civil Suit

Final Judgment

The court decreed the suit in favour of the plaintiff, ordering the defendants to pay the overdue amount along with interest.

Why Plaintiff Won:
The evidence and documents provided by the plaintiff were sufficient to establish the case.

Losing Side's Weaknesses:
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 to pay to the plaintiff the sum of 2,47,112/- with interest thereon at the rate of 6% per annum for the principal amount of 1,73,175/- from the date of decree till its realization.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Canara Bank

Party Role: Defendant
Party Name: Ashmi Suresh
Party Age: 32
Relation: D/o

Party Role: Defendant
Party Name: Sureshkumar P K
Party Age: 65
Relation: S/o

Plaintiffs Documents

Application for Educational Loan, Sanction Memorandum, Educational Loan Agreement, Sanction Communication, Acknowledgment of Debt and Security, Copy of statement of Account, Copy of Lawyers notice.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Adv. Sajeevu Mathew
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Adv. Renu Sajeev
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendants to pay the plaintiff the sum of Rs. 2,47,112/- with interest.

Evidence:

It is ordered that the defendants to pay to the plaintiff the sum of 2,47,112/- (Rupees two lakh forty seven thousand one hundred and twelve only) with interest thereon at the rate of 6% per annum for the principal amount of 1,73,175/- (Rupees one lakh seventy three thousand one hundred and seventy five only) from the date of decree till its realization.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiff entitled to recover costs from the defendants.

Evidence:

The plaintiff is entitled to realise the costs from the defendants.

Documents & Evidence

Document Type: Application for Educational Loan

Submitted By: Plaintiff

Relevance:

Document submitted as part of the evidence to establish the loan was sanctioned.

Reference:

Ext.A1

Document Type: Sanction Memorandum

Submitted By: Plaintiff

Relevance:

Document indicating the formal approval of the loan application.

Reference:

Ext.A2

Document Type: Educational Loan Agreement

Submitted By: Plaintiff

Relevance:

Agreement executed by the defendants to secure the repayment of the loan.

Reference:

Ext.A3

Document Type: Application for Education Loan

Submitted By: Plaintiff

Relevance:

Document submitted for the second educational loan sanctioned.

Reference:

Ext.A4

Document Type: Sanction Communication

Submitted By: Plaintiff

Relevance:

Communication regarding the sanction of the second loan.

Reference:

Ext.A5

Document Type: Educational Loan Agreement

Submitted By: Plaintiff

Relevance:

Second loan agreement executed by the defendants.

Reference:

Ext.A6