Case Summary
M/s Canara Bank filed a suit against Syam Krishnan. G and Gopalakrishnan. K for the realization of an outstanding educational loan amount. The defendants jointly acknowledged the debt but failed to make timely payments, leading the bank to seek legal recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,36,275/- with 10.75% interest from the date of suit till the realization, from the defendants and their assets, with costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the claimed amount from the defendants.
Why Plaintiff Won:
The plaintiff successfully established the norm, the liability, and the default, which the defendants failed to rebut with credible evidence.
The plaintiff successfully established the norm, the liability, and the default, which the defendants failed to rebut with credible evidence.
Losing Side's Weaknesses:
The plaintiff successfully established the norm, the liability, and the default, which the defendants failed to rebut with credible evidence.
The plaintiff successfully established the norm, the liability, and the default, which the defendants failed to rebut with credible evidence.
Supporting Evidence
The evidence on record clearly establishes that the defendants had jointly applied for and availed an educational loan from the plaintiff bank. The plaintiff has successfully proved the norm, the liability, and the default, whereas the defendants have failed to rebut the plaintiff's case with any credible evidence.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of Rs.1,36,275/- with 10.75% interest 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
- Party Role
- Defendant
- Party Name
- Syam Krishnan. G
- Party Age
- 21
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan. K
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 Education loan application, Exhibit A2 Certificate from College, Exhibit A3 Education loan agreement, Exhibit A4 Income certificate from Village Office, Thevalakkara, Exhibit A5 Agreement for interest subsidy, Exhibit A6 Acknowledgment of debt and security, Exhibit A7 Office copy of advocate notice, Exhibit A8 Postal receipt, Exhibit A9 Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I. Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank is entitled to recover the outstanding loan amount from the defendants.
Evidence:
Therefore, the plaintiff is entitled to recover the plaint amount from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs incurred in this suit are to be paid by the defendants.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the defendants for educational loan.
Reference:
Ext.A1
Document Type:
Course Certificate
Submitted By:
Plaintiff
Relevance:
Certificate confirming the first defendant's enrollment in the diploma course.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants as joint borrowers for the loan.
Reference:
Ext.A3
Document Type:
Income Certificate
Submitted By:
Plaintiff
Relevance:
Document detailing the financial details of the defendants.
Reference:
Ext.A4
Document Type:
Agreement for interest subsidy
Submitted By:
Plaintiff
Relevance:
Agreement related to the interest subsidy for the educational loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledged by the defendants for the debt towards the bank.
Reference:
Ext.A6
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff bank demanding repayment of dues.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the dispatch of the advocate notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement detailing the outstanding amount due from the defendants.
Reference:
Ext.A9
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 Syam Krishnan. G et al regarding realization of money.
Case Code Year
Case between M/s Canara Bank vs Syam Krishnan. G et al regarding realization of money.