Case Summary
Canara Bank filed a suit against Sreesha.K and others for the realization of an educational loan amount. The defendants defaulted on their loan repayments, prompting the bank to pursue legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay an amount of Rs. 15,54,602/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the due loan amount with interest. The defendants were found liable as they failed to repay the loan after multiple notices.
Why Plaintiff Won:
The plaintiff successfully proved the case with documentary evidence and testimonies regarding the loan agreement and subsequent defaults.
The plaintiff successfully proved the case with documentary evidence and testimonies regarding the loan agreement and subsequent defaults.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with documentary evidence and testimonies regarding the loan agreement and subsequent defaults.
The plaintiff successfully proved the case with documentary evidence and testimonies regarding the loan agreement and subsequent defaults.
Supporting Evidence
From the evidence of PW1, coupled with documentary evidence, I find that the plaintiff has succeeded in proving their case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendants are jointly and severally directed to pay an amount of Rs. 15,54,602/- with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sreesha.K
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dinesh K
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepa K
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Loan sanction memorandum, Educational loan agreement, Acknowledgments of debt, Legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Lissy K.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Gamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 15,54,602/- with interest.
Evidence:
Defendants are jointly and severally directed to pay an amount of Rs. 15,54,602/- (Rupees Fifteen lakhs fifty four thousand six hundred and two only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Proves that the defendants were granted a loan by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favor of the plaintiff bank for the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgments executed by the defendants confirming their liability to repay the loan.
Reference:
Ext.A3, Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to demand repayment of the loan amount which was returned as unserved.
Reference:
Ext.A5
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Shows that the defendants defaulted in repaying the loan amount.
Reference:
Ext.A9
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Report issued by the District Legal Services Authority.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sreesha.K et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Sreesha.K et al regarding realisation of money