Case Summary
This case involves M/s. Canara Bank and defendants Smt. Mini Jayakumar and Smt. Asha Prabhath regarding the recovery of a loan amount due. The defendants defaulted on repayment of a loan taken from the bank, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.64,696 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff proved the loan agreement and the defendants' defaults.
The plaintiff proved the loan agreement and the defendants' defaults.
Losing Side's Weaknesses:
The plaintiff proved the loan agreement and the defendants' defaults.
The plaintiff proved the loan agreement and the defendants' defaults.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.64,696 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Party Role
- Defendant
- Party Name
- Smt. Mini Jayakumar
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Asha Prabhath
- Relation
- D/o
Plaintiffs Documents
Loan application form, Sanction memorandum, Take delivery letter to DPN, Acknowledgment of debt and security, Office copy of the lawyer notice, Postal receipt, 2 Postal envelope, Computer printout of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jiji.N.Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anup.T.Paul
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.64,696 along with interest.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.64,696.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the sanction of the loan to the defendants.
Reference:
Ext.A2
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document indicating the delivery of the loan amount to the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the defendants confirming their debt to the plaintiff.
Reference:
Ext.A4
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Document that shows the plaintiff's attempt to notify the defendants regarding the default.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing the sending of the notice to the defendants.
Reference:
Ext.A6
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Document related to the communication sent to the defendants.
Reference:
Ext.A7
Document Type:
Computer printout of statement of account for the period
Submitted By:
Plaintiff
Relevance:
Used to substantiate the claim regarding the amount due from the defendants.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Canara Bank vs Smt. Mini Jayakumar, Smt. Asha Prabhath regarding realisation of money.
Case Code Year
Case between M/s. Canara Bank vs Smt. Mini Jayakumar, Smt. Asha Prabhath regarding realisation of money.