Case Summary
The Canara Bank filed a suit against Nisha Sebastian and others for the recovery of a loan amount. The defendants, associated as a Joint Liability Group, defaulted on their loan repayment, leading the plaintiff to seek legal relief.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 2,89,691.35 with interest at the rate of 10.05% per annum with monthly rest from the date of the suit until the date of decree and at the rate of 6% per annum from the date of decree till realization with costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the owed loan amount along with interest and costs. The defendants were ordered to pay the total amount due to the plaintiff.
Why Plaintiff Won:
The evidence and documents provided by the plaintiff established the defendants' liability.
The evidence and documents provided by the plaintiff established the defendants' liability.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 2,89,691.35 with interest at the rate of 10.05% per annum with monthly rest from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nisha Sebastian
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sindhu Mol.N
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sumithra Pushpan
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Retnamma @ Retnamma Rajan
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suma Jose
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Authorization Letter, Loan Application, Sanction Memorandum, Interse agreement, Articles of agreement for financing Self Help Groups, Legal notices, Postal receipts, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suresh Kumar.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 2,89,691.35/- (Rupees Two Lakh Eighty nine Thousand Six Hundred and Ninety one and Thirty five paise only) with interest at the rate of 10.05% per annum with monthly rest from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the suit.
Evidence:
HENCE, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 2,89,691.35/- ... with costs, from the defendants and their assets.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Proves authorization of the bank representative.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Details the loan requested by the defendants.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the loan.
Reference:
Ext.A3
Document Type:
Interse agreement
Submitted By:
Plaintiff
Relevance:
Defines the terms of agreement among the defendants.
Reference:
Ext.A4
Document Type:
Articles of Agreement for Financing self Help Groups
Submitted By:
Plaintiff
Relevance:
Outlines the loan conditions.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for repayment to the first defendant.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for repayment to the second defendant.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A9
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for repayment to the third defendant.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A11
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for repayment to the fourth defendant.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A13
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for repayment to the fifth defendant.
Reference:
Ext.A14
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A15
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details the outstanding amount due from the defendants.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024