Case Summary
The plaintiff, Canara Bank, filed a suit to recover money lent as an educational loan to the defendants. The defendants failed to repay the loan amount despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 5,56,298.02/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the loan amount with interest. The defendants failed to appear in court.
Why Plaintiff Won:
The plaintiff has succeeded in proving his case by producing adequate evidence.
The plaintiff has succeeded in proving his case by producing adequate evidence.
Losing Side's Weaknesses:
The plaintiff has succeeded in proving his case by producing adequate evidence.
The plaintiff has succeeded in proving his case by producing adequate evidence.
Supporting Evidence
By producing Exts. A1 to A8 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. 5,56,298.02/- with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sithara. S
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ambily
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sathyan
- Party Age
- 62
Plaintiffs Documents
Loan application dated 29/12/2015, loan sanction letter dated 29/12/2015, loan agreement dated 29/12/2015, general power of attorney, advocate notice dated 15/11/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Rajendran Uliyakkovil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N. Chithrarenjan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 5,56,298.02 from the defendants along with interest.
Evidence:
Hence, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 5,56,298.02/- (Rupees Five Lakhs Fifty Six Thousand Two Hundred Ninety Eight and Paise Two Only) with interest at the rate of 6% per annum from the date of suit till the date of realistation from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
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:
Submitted to establish the agreement for the educational loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Provided proof of the loan being sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Demonstrated the terms and conditions agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authored by the third defendant, allowing the second defendant to sign on his behalf.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served as a demand for repayment of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirmed the delivery of the advocate notice to the defendants.
Reference:
Ext.A6
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
Indicated that notices were returned undelivered, showing avoidance by the defendants.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed the outstanding amount due to the plaintiff bank.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Sithara. S et al regarding realization of money.
Case Code Year
Case between Canara Bank vs Sithara. S et al regarding realization of money.