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ORIGINAL SUIT No. 209 OF 2016

Case between Canara Bank vs K.P.Sajeev kumar et al regarding realization of money

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-09-26
Duration

Judgement document from eCourt website

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Case Summary

Canara Bank has filed a suit against K.P.Sajeev kumar, K.P.Subrahmanian, and Narayanan.C.K. for the realization of a loan amount due for education. The defendants are in default of payment and the bank claims they are jointly liable for the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, granting the realization of the claimed amount from the defendants. The plaintiff is entitled to recover the amount of Rs.8,92,054/- along with interest.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize an amount of Rs.8,92,054/- with interest @ 6% per annum from the date of suit till its realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court determined the defendants were jointly and severally liable for the loan amount and no valid defense was presented.

Judgment Evidence:

In the result, the suit is decreed with cost as follows: Plaintiff is allowed to realize an amount of Rs.8,92,054/- with interest @ 6% per annum from the date of suit till its realization, from the defendants and their assets.

Parties Involved

Plaintiffs

Canara Bank (Age not specified years) Vailathur Branch, Tirur Taluk

Defendants

K.P.Sajeev kumar (26 years) Kollaruparambil House, P.O.Vellachal, Ponmundam (Via)., Ozhur amsom, Tirur Taluk. K.P.Subrahmanian (62 years) Kollaruparambil House, P.O.Vellachal, Ponmundam Via., Ozhur amsom, Tirur Taluk. Narayanan.C.K. (73 years) Chakkalamkunnath House, P.O.Vellachal, Ponmundam Via., Ozhur amsom, Tirur Taluk.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of loan amount.
Evidence:
Plaintiff is entitled to realize an amount of Rs.8,92,054/-.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff sought to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from the defendants.

Documents & Evidence

Document Type: Application for Educational Loan
Submitted By: Plaintiff
Relevance:
The defendants applied for a loan for the purpose of education.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
The memorandum shows the loan sanctioned to the defendants.
Reference:
Ext.A2
Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
The agreement executed by the defendants concerning the loan.
Reference:
Ext.A3
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
The agreement involving the third defendant as a guarantor.
Reference:
Ext.A4
Document Type: Request Letters
Submitted By: Plaintiff
Relevance:
Letters from the first defendant for disbursal of course fees from the loan amount.
Reference:
Ext.A5 to A7
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment executed by defendants of their liability.
Reference:
Ext.A8
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued demanding repayment of the loan amount.
Reference:
Ext.A9
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
The defendants' response to the lawyer notice.
Reference:
Ext.A10
Document Type: Statement of Loan Account
Submitted By: Plaintiff
Relevance:
Details regarding the loan account of the defendants.
Reference:
Ext.A11
Document Type: Calculation Statement
Submitted By: Plaintiff
Relevance:
Calculation of amounts due under the loan account.
Reference:
Ext.A12
Document Type: Various Letters and Documents
Submitted By: Defendant
Relevance:
Documents submitted by defendants in response to the suit.
Reference:
Ext.B1 to B15

Quick Facts

Location
Case Filed
Outcome Confidence
95%

Involved Entities

Bank

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