ORIGINAL SUIT NO. 115 OF 2016

Case between Canara Bank vs C. Prakashan.C et al regarding loan recovery

Court

Court of the Munsiff of Tirur

Judge

Smt. Vincy.T.V.

Order Date

2017-01-27

Duration

Less than one year

Case Closed

Fri, 01/27/2017 - 12:00

Judgement document from eCourt website

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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

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.

Losing Side's Weaknesses:
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: