Case Summary
Canara Bank filed a suit against Manikandan.K and N.Kanthaswamy for the recovery of an outstanding loan amount. The defendants failed to repay the loan despite requests and were set ex parte for not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.9,56,738/- with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff bank, allowing recovery of the outstanding loan amount along with modified interest rates. The defendants were found liable to repay as per the agreement.
Why Plaintiff Won:
The plaintiff established its case with unchallenged evidence and testimony, proving the defendants' liability to repay the outstanding loan.
The plaintiff established its case with unchallenged evidence and testimony, proving the defendants' liability to repay the outstanding loan.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents would go to prove that the defendants have availed loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.9,56,738/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Manikandan.K
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.Kanthaswamy
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Education Loan Application, Education Loan Agreement, Computer Print of Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.9,56,738/- with interest and costs from the defendants.
Evidence:
In the result, the suit is decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.9,56,738/- (Rupees Nine lakhs fifty six thousand seven hundred and thirty eight only) with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants jointly and severally and their assets both movable and immovable.
Documents & Evidence
Document Type:
Education Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to show the application for the education loan provided by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document was referenced to explain the terms of the loan agreement that the defendants signed.
Reference:
Ext.A2
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
This document provided the statement of accounts showing the outstanding amount due from the defendants.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Manikandan.K et al regarding realization of money
Case Code Year
Case between Canara Bank vs Manikandan.K et al regarding realization of money