Case Summary
The plaintiff, Canara Bank, sanctioned an educational loan to the first defendant, Sabitha K Sabu, which was co-signed by the second defendant, Haridasan K. The defendants defaulted on the repayment of the loan, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff the sum of Rs.2,29,731.18/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, Canara Bank, and ordered the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case and there was no rebuttal evidence from the defendants.
The plaintiff established its case and there was no rebuttal evidence from the defendants.
Losing Side's Weaknesses:
The plaintiff established its case and there was no rebuttal evidence from the defendants.
The plaintiff established its case and there was no rebuttal evidence from the defendants.
Supporting Evidence
On perusal of plaint averments, affidavit of evidence and the documents produced, this court is satisfied that the plaintiff has established its case.
Judgment Evidence:
In the result, It is ordered that the defendant shall pay to the plaintiff the sum of Rs.2,29,731.18/- (Rupees Two Lakh Twenty Nine Thousand Seven Hundred Thirty One Rupees and Eighteen Paise Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sabitha K Sabu
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Haridasan K
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction Communication, Educational loan Agreement, Agreement, Certificate of Loan papers, Letter evidencing execution of documents, Admission Letter, Acknowledgment of Debt and Security, Office copy of the notice, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. M/s Tharakan and George Associates
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the outstanding loan amount along with interest.
Evidence:
Hence the present suit has been filed.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff was entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Sanction Communication
Submitted By:
Plaintiff
Relevance:
Demonstrated the approval of the educational loan.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
The contract outlining the terms of the loan, including repayment obligations.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Second agreement related to the loan, relevant to the case.
Reference:
Ext.A4
Document Type:
Certificate of Loan Papers
Submitted By:
Plaintiff
Relevance:
Served as official documentation of the loan provided.
Reference:
Ext.A5
Document Type:
Letter Evidencing Execution of Documents
Submitted By:
Plaintiff
Relevance:
Confirmed the signing of loan documents by the defendants.
Reference:
Ext.A6
Document Type:
Admission Letter
Submitted By:
Plaintiff
Relevance:
Included to show that the first defendant was admitted to the educational program funded by the loan.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Indicated the acknowledgment of the debt by the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of the debt highlighting the financial obligation.
Reference:
Ext.A9
Document Type:
Office copy of the notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding the repayment demands.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided the financial details necessary for the calculation of dues.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sabitha K Sabu et al regarding recovery of money
Case Code Year
Case between Canara Bank vs Sabitha K Sabu et al regarding recovery of money