Case Summary
The plaintiff, M/s. Canara Bank, is a public sector bank that filed a suit for the realization of money against the defendants, who are jointly liable for an education loan. The defendants, having committed willful default, have not repaid the loan amount owed to the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.5,01,984/- with interest at 6% per annum till realization and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realize an amount of Rs. 5,01,984/- together with interest from the defendants.
Why Plaintiff Won:
The plaintiff succeeded in proving their case with the evidence provided.
The plaintiff succeeded in proving their case with the evidence provided.
Losing Side's Weaknesses:
The plaintiff succeeded in proving their case with the evidence provided.
The plaintiff succeeded in proving their case with the evidence provided.
Supporting Evidence
By producing Exts.A1 to A8, A10 to A14 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,01,984/- (Rupees Five Lakhs One Thousand Nine Hundred Eighty Four Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Ajeena A
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Habeebulla. A
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aneesa S @ Asha
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Education loan application dated 25/10/2014, Certificate from Dhanalakshmi Srinivasan Engineering College, Bonafide certificate issued by Principal, Possession certificate, Sanction memorandum, Education loan agreement, Acknowledgment of debt and security, Copy of Advocate notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U. Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Hence, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,01,984/- (Rupees Five Lakhs One Thousand Nine Hundred Eighty Four Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendants and their assets, with costs.
Documents & Evidence
Document Type:
Education Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application for the education loan that initiated the loan agreement.
Reference:
Ext.A1
Document Type:
Certificate from College
Submitted By:
Plaintiff
Relevance:
This certificate shows the student’s enrollment at the engineering college.
Reference:
Ext.A2
Document Type:
Bonafide Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the student’s bona fide status at the college.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate indicates possession of documents necessary for the loan.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This memorandum details the sanction of the education loan.
Reference:
Ext.A5
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This is the formal agreement outlining the terms of the education loan.
Reference:
Ext.A6
Document Type:
Agreement between Student and Bank
Submitted By:
Plaintiff
Relevance:
This document sets the agreement conditions between the borrower and the bank.
Reference:
Ext.A7
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
This letter contains the undertakings from the borrowers regarding the loan.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as acknowledgment of the debt and the security provided.
Reference:
Ext.A10
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is part of the communication regarding the loan.
Reference:
Ext.A11
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to demand repayment of the loan.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows proof of sending the notice.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement details the account transactions related to the loan.
Reference:
Ext.A14
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 M/s. Canara Bank vs Ajeena A et al regarding realization of money
Case Code Year
Case between M/s. Canara Bank vs Ajeena A et al regarding realization of money