Case Summary
Canara Bank filed a suit against Rosamma Sebastian and Biji Sebastian to recover ₹4,97,450/- due under a loan. The defendants failed to repay the amount despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹4,97,450/- with interest @ 6% per annum from the date of institution of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the loan amount along with interest.
Why Plaintiff Won:
The plaintiff proved their case through testimony and relevant documentation.
The plaintiff proved their case through testimony and relevant documentation.
Losing Side's Weaknesses:
The plaintiff proved their case through testimony and relevant documentation.
The plaintiff proved their case through testimony and relevant documentation.
Supporting Evidence
In the absence of any contradictory evidence and relying on the oral testimony of PW1 and Exts.A1 to A6 documents, I am satisfied that the plaintiff has proved their case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of ₹4,97,450/- with interest @ 6% per annum from the date of institution of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Rosamma Sebastian
- Party Age
- 82
- Relation
- W/o Sebastian Thomas
- Party Role
- Defendant
- Party Name
- Biji Sebastian
- Party Age
- 45
- Relation
- S/o Sebastian Thomas
Plaintiffs Documents
Application of Agricultural Credit of Syndicate Bank, Agreement for Agricultural Advance of Syndicate Bank, Deed Guarantee for Agricultural Advance of Syndicate Bank, Acknowledgment of Debt for all types of Facilities By Borrower/Sureties, Acknowledgment of debt for all types Facilities by Borrower/Securities, Certificate of Canara Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. K. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Emmanuel John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama Jolly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Cyriac James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹4,97,450/- from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of ₹4,97,450/- (Rupees Four Lakhs Ninety Seven Thousand Four Hundred and Fifty Only) from the defendants with interest @ 6% per annum from the date of institution of the suit till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application of Agricultural Credit
Submitted By:
Plaintiff
Relevance:
This document is related to the loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Agreement for Agricultural Advance
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon for the agricultural loan.
Reference:
Ext.A2
Document Type:
Deed Guarantee for Agricultural Advance
Submitted By:
Plaintiff
Relevance:
This document is a guarantee by the defendant's son for the repayment of the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's acknowledgment of the debt owed to the bank.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document further confirms the defendant's acknowledgment of the debt.
Reference:
Ext.A5
Document Type:
Certificate of Canara Bank
Submitted By:
Plaintiff
Relevance:
This document certifies the legitimacy of the bank's claim for the debt.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Rosamma Sebastian et al regarding realization of money due from the defendants.
Case Code Year
Case between Canara Bank vs Rosamma Sebastian et al regarding realization of money due from the defendants.