Case Summary
The plaintiff, Canara Bank, filed a suit for the realization of a loan amount from the defendants, who are joint borrowers. The defendants defaulted on an educational loan taken for the first defendant’s Pharm-D course.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 5,56,298.02 with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the claim for the outstanding loan amount with interest. The defendants are liable to pay the costs of the suit as well.
Why Plaintiff Won:
The plaintiff successfully proved the case by producing necessary evidence and documents.
The plaintiff successfully proved the case by producing necessary evidence and documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A8 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 5,56,298.02/- with interest at the rate of 6% per annum from the date of suit till the date of realistication from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sithara. S
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ambily
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sathyan
- Party Age
- 62
Plaintiffs Documents
Loan application, Loan sanction letter, Loan agreement, General Power of Attorney, Advocate notice, Postal receipts, Returned postal articles, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Rajendran Uliyakkovil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N. Chithrarenjan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the loan amount with interest.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs. 5,56,298.02/- (Rupees Five Lakhs Fifty Six Thousand Two Hundred Ninety Eight and Paise Two Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought costs of the suit.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The application for educational loan submitted by the first defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
The official letter confirming the sanction of the educational loan.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement outlining the terms of the educational loan.
Reference:
Ext.A3
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
The document authorizing the second defendant to act on behalf of the third defendant.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the defendants demanding repayment of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the advocate's notice via post.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Envelopes returned indicating the defendants' refusal to accept the notice.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement showing the details of the loan account from the beginning until the current date.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sithara. S et al regarding realization of money.
Case Code Year
Case between Canara Bank vs Sithara. S et al regarding realization of money.