Case Summary
The plaintiff, Canara Bank, is seeking to recover an outstanding loan amount from the defendants, who defaulted on repayments. The defendants had taken an educational loan for an MBA course but failed to repay the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay an amount of Rs. 7,66,914.64 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendants to repay the loan amount along with interest. The suit is granted with costs.
Why Plaintiff Won:
The plaintiff established a clear case based on uncontested evidence.
The plaintiff established a clear case based on uncontested evidence.
Losing Side's Weaknesses:
The plaintiff established a clear case based on uncontested evidence.
The plaintiff established a clear case based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 7,66,914.64/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Aparna Sai
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Asha Prabhath @ Asha Chandran
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Power of Attorney, Application for Educational Loan, Educational Loan Agreement, Acknowledgment of debt and Security, Legal Notice, Computer print of Statement of Account, Authorization Letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Srinath S Subramanian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswany Ujwal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 7,66,914.64/- to the plaintiff.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 7,66,914.64/-...
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, plaintiff is entitled to costs of the suit from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
True copy of Power of Attorney marked subject to proof.
Reference:
Ext.A1
Document Type:
Application for Educational Loan
Submitted By:
Plaintiff
Relevance:
Application for Educational Loan submitted by the defendants.
Reference:
Ext.A2
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants for the educational loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendants.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
True copy of Legal Notice sent to the defendants.
Reference:
Ext.A5
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Returned Postal Envelope relevant to the case.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Returned Postal Envelope relevant to the case.
Reference:
Ext.A7
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
Statement of Account showing the amount due.
Reference:
Ext.A8
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization Letter related to the case.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The evidence of the plaintiff was taken in the absence of written statement of the defendants.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Aparna Sai et al regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Aparna Sai et al regarding realisation of money