Case Summary
Canara Bank filed a suit against Sidharth B.S. and Bindu K.N. for non-repayment of an education loan. The defendants defaulted on the loan, leading the bank to seek recovery through this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹4,72,688.30/- with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, Canara Bank, allowing them to recover the loan amount along with interest and costs. The judgment was based on the failure of the defendants to repay the borrowed amount.
Why Plaintiff Won:
The defendants defaulted on the loan repayment as per the agreement.
The defendants defaulted on the loan repayment as per the agreement.
Losing Side's Weaknesses:
The defendants defaulted on the loan repayment as per the agreement.
The defendants defaulted on the loan repayment as per the agreement.
Supporting Evidence
According to PW1, Ext.A1 is the original Loan Application signed by the defendants. The evidence shows that an amount of ₹4,72,688.30/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹4,72,688.30/- (Rupees Four Lakhs Seventy-Two Thousand Six Hundred and Eighty-Eight and Thirty paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sidharth B.S.
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu K.N
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Original loan application, Original Educational Loan Agreement, Original Sanction memo, Bank statement, Legal notice, Postal receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K.V Jayakrishna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,72,688.30 with 6% interest from the defendants and their assets.
Evidence:
the plaintiff is entitled to recover an amount of ₹4,72,688.30/- (Rupees Four Lakhs Seventy-Two Thousand Six Hundred and Eighty-Eight and Thirty paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Evidence:
the plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application signed by the defendants.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original Educational Loan Agreement.
Reference:
Ext.A2
Document Type:
Sanction Memo
Submitted By:
Plaintiff
Relevance:
Original sanction memo dated 10/01/2017 issued to the defendants.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the defendant’s loan account certified under the Bankers Books Evidence Act.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 24/02/2024.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts dated 26/02/2024.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024