Case Summary
The plaintiff is Canara Bank seeking to recover a loan amount from the defendants, who defaulted on repayment. The case involves the loan agreement and the bank's efforts to collect the outstanding dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹5,02,515 with interest @ 6% per annum from the date of institution of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Canara Bank, allowing them to recover ₹5,02,515 from the defendants along with interest. The defendants failed to repay the loan as agreed.
Why Plaintiff Won:
The plaintiff proved their case with adequate documentation and the absence of any contradictory evidence from the defendants.
The plaintiff proved their case with adequate documentation and the absence of any contradictory evidence from the defendants.
Losing Side's Weaknesses:
The plaintiff proved their case with adequate documentation and the absence of any contradictory evidence from the defendants.
The plaintiff proved their case with adequate documentation and the absence of any contradictory evidence from the defendants.
Supporting Evidence
the plaintiff has proved their case. However, since the transaction between the plaintiff and defendants is a non-commercial one and also considering the nature of the loan transaction, the plaintiff is granted a reasonable interest at the rate of 6% per annum for ₹5,02,515/- (Rupees Five Lakhs Two Thousand Five Hundred and Fifteen Only) from the date of suit till realisation from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of ₹5,02,515/- (Rupees Five Lakhs Two Thousand Five Hundred and Fifteen Only) from the defendants with interest @ 6% per annum from the date of institution of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Biji Sebastian
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Liji Jose
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Application of Agricultural Credit of Syndicate Bank, Agreement for Agricultural Advance of Syndicate Bank, Deed Guarantee for a Agricultural Advance of Syndicate Bank, Acknowledgement of Debt Types of Facilities By Borrower/Sureties of Syndicate Bank, Acknowledgment of debt and security, Lawyers Notice, Postal Receipt, Acknowledgement Card, Statement of A/c for general and Agriculture Advance of Canara Bank, Certificate from Canara Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. K. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Emmanuel John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama Jolly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Cyriac James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kanther .C. Akkakunnel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹5,02,515 from the defendants with interest.
Evidence:
In the result, the suit is decreed as follows:- 1. The plaintiff is entitled to realise an amount of ₹5,02,515/- (Rupees Five Lakhs Two Thousand Five Hundred and Fifteen Only) from the defendants with interest @ 6% per annum from the date of institution of the suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
2. The plaintiff is also entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application of Agricultural Credit
Submitted By:
Plaintiff
Relevance:
This document is the application submitted by the defendant for the loan, relevant to establish the borrowing.
Reference:
Ext.A1
Document Type:
Agreement for Agricultural Advance
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was provided to the defendants.
Reference:
Ext.A2
Document Type:
Deed Guarantee for a Agricultural Advance
Submitted By:
Plaintiff
Relevance:
This deed serves as the guarantee for the loan provided to the defendants, signed by D2.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt Types of Facilities By Borrower/Sureties
Submitted By:
Plaintiff
Relevance:
This acknowledgment helps in affirming the debt owed by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document reinforces the existence of the secured debt.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to inform the defendants of their default in payment.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending notices to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card is confirmation of receipt of notices by the defendants.
Reference:
Ext.A8
Document Type:
Statement of A/c for general and Agriculture Advance
Submitted By:
Plaintiff
Relevance:
This statement outlines the financial details and outstanding balance owed by the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Biji Sebastian et al regarding realization of money due from the defendants
Case Code Year
Case between Canara Bank vs Biji Sebastian et al regarding realization of money due from the defendants