Case Summary
The plaintiff, Canara Bank, filed a suit against the defendants, Princy. C and Charles. R, for the recovery of outstanding dues related to an educational loan. The defendants defaulted on loan repayments despite multiple acknowledgments of the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 4,97,631.99/- with interest at the rate of 6% per annum from the date of suit till the date of realization and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the outstanding loan amount with interest. The plaintiff is entitled to recover costs associated with the suit.
Why Plaintiff Won:
The plaintiff proved its case by producing sufficient evidence.
The plaintiff proved its case by producing sufficient evidence.
Losing Side's Weaknesses:
The plaintiff proved its case by producing sufficient evidence.
The plaintiff proved its case by producing sufficient evidence.
Supporting Evidence
By producing Exts. A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 4,97,631.99/- with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets. The plaintiff is entitled to realise costs of the suit from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Princy. C
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Charles. R
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Loan application dated 05/11/2013, Loan sanction memorandum dated 11/10/2013, Education loan agreement dated 05/11/2013, Acknowledgements of debt dated 05/07/2019 and 01/07/2022, Legal notice dated 27/05/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Niveditha. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adithya Lekshmi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree. K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Relief sought for the recovery of the outstanding loan amount.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought to recover costs of the suit.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendants for the educational loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the sanction of the educational loan.
Reference:
Ext.A2
Document Type:
Sanction Memorandum/Sanction Conveying Letter
Submitted By:
Plaintiff
Relevance:
Official letter conveying the loan sanction.
Reference:
Ext.A3
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the bank and defendants outlining loan terms.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by defendants of their debt as of 05/07/2019.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Further acknowledgment by the second defendant as of 01/07/2022.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued by the plaintiff to the defendants regarding default.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for the posting of the legal notice.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document showing the account activity and outstanding amount.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of Loan
Case Code
Case between Canara Bank vs Princy. C et al regarding realization of money
Case Code Year
Case between Canara Bank vs Princy. C et al regarding realization of money