Case Summary
This case involves Canara Bank as the plaintiff against Shibin.A and Ramachandran.A.K regarding the recovery of an education loan amount. The defendants failed to repay the loan despite multiple demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.8,21,500/- from the defendants with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount from the defendants. The defendants were found liable to pay additional interest and costs of the proceedings.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged testimony and relevant documents.
The plaintiff proved the case through unchallenged testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged testimony and relevant documents.
The plaintiff proved the case through unchallenged testimony and relevant documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by her.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realize Rs.8,21,500/- (Rupees Eight lakhs twenty one thousand five hundred only) from the defendants with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Shibin.A
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramachandran.A.K
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Loan Sanction Memorandum, Educational Loan Agreement, Acknowledgment of debt and security, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreehari. P.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff shall be entitled to realize Rs.8,21,500/- from the defendants with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are required to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Used to show the terms under which the education loan was sanctioned.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Demonstrates the agreement made by the defendants to repay the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Indicates the defendants' acknowledgment of their debt to the plaintiff.
Reference:
Ext.A3 series
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides the financial details of the loan and payments due.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Shibin.A, Ramachandran.A.K regarding realization of money
Case Code Year
Case between Canara Bank vs Shibin.A, Ramachandran.A.K regarding realization of money