Case Summary
This suit is filed by Canara Bank against Sreelekshmi.M.B., C.D.Manian Pillai, and Bindhu.S for the recovery of an education loan amount that has not been repaid. The defendants have willfully defaulted on the loan obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.5,33,113/- with interest at 6% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff bank produced sufficient evidence to substantiate its claim, and there was no rebuttal from the defendants.
The plaintiff bank produced sufficient evidence to substantiate its claim, and there was no rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A24 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize an amount of Rs.5,33,113/- with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kundara Branch
- Party Role
- Defendant
- Party Name
- Sreelekshmi.M.B.
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C.D.Manian Pillai
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu.S
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Various documents including loan application, land tax receipt, loan sanction letter, and other agreements.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sowfiuar I
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the outstanding loan amount.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.5,33,113/- (Rupees Five Lakhs Thirty Three Thousand One Hundred and Thirteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff was entitled to recover 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:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Filed as part of the documentary evidence to support the plaintiff's case.
Reference:
Ext.A1
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Demonstrates the request for the education loan made by the defendants.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of the land ownership related to the loan application.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claim regarding the property.
Reference:
Ext.A4
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the education loan to the defendants.
Reference:
Ext.A5
Document Type:
General Agreement for Education loan
Submitted By:
Plaintiff
Relevance:
Details the terms and conditions of the sanctioned loan.
Reference:
Ext.A6
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Obligates the guarantor (3rd defendant) towards the loan obligation.
Reference:
Ext.A7
Document Type:
Notarized affidavit
Submitted By:
Plaintiff
Relevance:
Serves as an affirmation related to the loan.
Reference:
Ext.A8
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Indicates the acceptance of terms by the defendants.
Reference:
Ext.A9
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Acts as a further confirmation of the defendants' commitments.
Reference:
Ext.A10
Document Type:
Stamped receipts
Submitted By:
Plaintiff
Relevance:
Record payments made towards the loan in multiple installments.
Reference:
Ext.A11 to A18
Document Type:
Acknowledgment of receipts
Submitted By:
Plaintiff
Relevance:
Verifies the receipt of payments related to the education loan.
Reference:
Ext.A19
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Shows the latest acknowledgment of the loan obligations.
Reference:
Ext.A20
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Confirms that the 2nd defendant acknowledged the debt.
Reference:
Ext.A21
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants about the outstanding dues.
Reference:
Ext.A22
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documentary evidence of the communications sent to the defendants.
Reference:
Ext.A23
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides the detailed account statement showing the outstanding balance.
Reference:
Ext.A24
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sreelekshmi.M.B., C.D.Manian Pillai, Bindhu.S regarding Suit for realization of money.
Case Code Year
Case between Canara Bank vs Sreelekshmi.M.B., C.D.Manian Pillai, Bindhu.S regarding Suit for realization of money.