Case Summary
The plaintiff, Canara Bank, is pursuing a suit for the recovery of an education loan amounting to Rs. 3,20,001 from the defendants, who have defaulted on their repayments. The defendants are Swathy.K.Mohandas, the primary borrower, and her father K. Mohandas.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 3,20,001 with interest at the rate of 12.45% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, awarding them the amount of Rs. 3,20,001 along with interest. The defendants were found liable for the debt.
Why Plaintiff Won:
The evidence established that the defendants had availed an education loan and defaulted on repayments.
The evidence established that the defendants had availed an education loan and defaulted on repayments.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has proved his case through the deposition of PW1 also Exts. A1 to A8 documents. There is no contra evidence. Hence, the plaintiff is entitled to a decree of realization of an amount of Rs. 3,20,001/-...
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,20,001/- (Rupees Three Lakhs Twenty Thousand and One only) with interest at the rate of 12.45% per annum from the date of the suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Swathy.K.Mohandas
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K. Mohandas
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
05-05-2010 Loan Application, 05-05-2010 Education Loan Agreement, 05-05-2010 Agreement cum deed of Hypothecation, 25-01-2019 Acknowledgment of Debt and Security, 04-11-2019 Advocate Notice, 06-11-2019 Postal Receipt, Returned Envelope, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 3,20,001/- with interest and costs.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 3,20,001/- (Rupees Three Lakhs Twenty Thousand and One only) with interest at the rate of 12.45% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs shall follow the event.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to avail an education loan.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendants to formalize the loan terms.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document establishing hypothecation of assets as security for the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Defendants acknowledged their debt to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants for closing the liability.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the advocate notice.
Reference:
Ext.A6
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Evidence of non-receipt of the legal notice by the defendants.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the amount due to the plaintiff bank from the defendants.
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
Non-payment of rent
Case Code
Case between Canara Bank vs Swathy.K.Mohandas et al regarding Realisation of Money
Case Code Year
Case between Canara Bank vs Swathy.K.Mohandas et al regarding Realisation of Money