Case Summary
Plaintiff, Canara Bank, filed a suit against the defendants seeking recovery of a loan amount due for higher education. The defendants, a husband and wife, failed to repay the loan despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of loan amount with interest and costs
Case Type
Civil Suit - Loan Recovery
Final Judgment
No
The court decreed that the defendants pay an amount to the plaintiff Bank with interest and costs of the suit.
Why Plaintiff Won:
The plaintiff's evidence remained unchallenged, and the defendants failed to set up any defense.
The plaintiff's evidence remained unchallenged, and the defendants failed to set up any defense.
Losing Side's Weaknesses:
The plaintiff's evidence remained unchallenged, and the defendants failed to set up any defense.
The plaintiff's evidence remained unchallenged, and the defendants failed to set up any defense.
Supporting Evidence
The plaintiff made several demands to the defendants for payment of the money due and settlement of accounts, including sending registered notice, but the defendants failed to remit the amounts due to the plaintiff bank.
Judgment Evidence:
The defendants are directed to pay an amount of Rs. 2,60,747/- (Rupees Two lakhs sixty thousand seven hundred and forty-seven only) with interest at the rate of 11.5% per annum on Rs. 2,59,990/- (Rupees Two lakhs fifty-nine thousand nine hundred and ninety only) from the date of suit till the date of realization and costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- C. Prakashan.C
- Party Age
- 56
- Relation
- S/o. Kelu
- Party Role
- Defendant
- Party Name
- Radha.A
- Party Age
- 50
- Relation
- W/o. Prakashan.C
Plaintiffs Documents
Loan Application, Loan Sanction Memorandum, Education Loan Agreement, Undertaking Letter, Agreement, Letter, Acknowledgment of Debt and Security, True copy of statement of accounts.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M. Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreekala.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sabu.K.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery of loan amount with interest and costs
Outcome:
Granted
Description:
The court decreed the defendants to pay an amount to the plaintiff Bank with interest and costs of the suit.
Evidence:
The defendants are directed to pay an amount of Rs. 2,60,747/- (Rupees Two lakhs sixty thousand seven hundred and forty-seven only) with interest at the rate of 11.5% per annum on Rs. 2,59,990/- (Rupees Two lakhs fifty-nine thousand nine hundred and ninety only) from the date of suit till the date of realization and costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A1
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A3
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A9
Document Type:
True Copy of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Part of the plaintiff's evidence.
Reference:
A10
Case Classification
Case Type
Civil Suit - Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan Recovery
Case Code
Case between Canara Bank vs C. Prakashan.C et al regarding loan recovery
Case Code Year
Case between Canara Bank vs C. Prakashan.C et al regarding loan recovery