Case Summary
Canara Bank filed a suit against several defendants for the recovery of a loan amount of Rs.5,59,585/- which was defaulted. The loan was initially taken by the first defendant and his father for educational purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,59,585/- with interest at the rate of 6% per annum from the date of suit till its realization
Case Type
Civil Suit
Final Judgment
No
The court decree confirms that the plaintiff bank is entitled to recover the loan amount along with interest. The defendants did not contest the case effectively.
Why Plaintiff Won:
The plaintiff proved their case through cogent and reliable evidence as the defendants did not contest the claims.
The plaintiff proved their case through cogent and reliable evidence as the defendants did not contest the claims.
Losing Side's Weaknesses:
The plaintiff proved their case through cogent and reliable evidence as the defendants did not contest the claims.
The plaintiff proved their case through cogent and reliable evidence as the defendants did not contest the claims.
Supporting Evidence
Since the defendants No.1,2,3 & 5 did not file written statement and others opted to remain exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I.Plaintiff is entitled to realise an amount of Rs.5,59,585/- (Rupees Five Lakh fifty Nine Thousand Five Hundred and Eighty Five only) with interest at the rate of 6% per annum thereon from the date of suit till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Rajesh.T.P.
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ammini
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajiv
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Loan application dated 20.11.2006, Sanction Memorandum dated 2.12.2006, Educational Loan Agreement dated 2.12.2006, Acknowledgement of Debt and Security dated 25.07.2014, Acknowledgement of Debt and Security dated 24.07.2015
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreekala.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vinida.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C.P.Jamshid Rahman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Aneesa.C.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request to recover an amount of Rs.5,59,585/- with interest.
Evidence:
Hence the suit is decreed as follows. I.Plaintiff is entitled to realise an amount of Rs.5,59,585/- (Rupees Five Lakh fifty Nine Thousand Five Hundred and Eighty Five only) with interest at the rate of 6% per annum thereon from the date of suit till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff's entitlement to recover costs of the suit from the defendants.
Evidence:
IIPlaintiff is entitled to realize costs of the suit from the defendants at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the application for the loan made by the defendants.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document showing the approval of the loan amount.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the educational loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the debt and the security for the loan.
Reference:
Ext.A4 & A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Rajesh.T.P., Ammini, Rajiv, Rajan et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Rajesh.T.P., Ammini, Rajiv, Rajan et al regarding realisation of money