Case Summary
The plaintiff, M/s Canara Bank, has filed a suit against the defendants, Ajithakumari T and A.R.Suryaputhri, for the recovery of money due from an educational loan. The defendants failed to repay the loan despite acknowledgment of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.3,17,424 with 6% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total amount due from the educational loan along with interest. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The unchallenged proof affidavit and documents provided satisfactory evidence of the plaintiff's claim.
The unchallenged proof affidavit and documents provided satisfactory evidence of the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents provided satisfactory evidence of the plaintiff's claim.
The unchallenged proof affidavit and documents provided satisfactory evidence of the plaintiff's claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.3,17,424 with 6% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ajithakumari T
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- A.R.Suryaputhri
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Application for Education Loan dated 12.09.18, Educational Loan Agreement dated 28.09.18, Acknowledgment of debt dated 09.06.21, Lawyer notice dated 02.08.23.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for the repayment of the loan amount along with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.3,17,424/-(Rupees "Three Lakh and Seventeen Thousand and Four Hundred and Twenty Four only) with 6% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the proceedings from the defendants.
Evidence:
The plaintiff is also entitled to the costs.
Documents & Evidence
Document Type:
Application for Education Loan
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence to support the claim for the loan.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Documents outlining the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
An agreement related to the loan processed.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial transaction details and status of the loan.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Further correspondence regarding the loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
An acknowledgment made by defendants confirming their debt.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding the repayment.
Reference:
Ext.A7
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Proof of the failed delivery of the notice to the first defendant.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Proof of the failed delivery of the notice to the second defendant.
Reference:
Ext.A9
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 M/s Canara Bank vs Ajithakumari T et al regarding realization of money
Case Code Year
Case between M/s Canara Bank vs Ajithakumari T et al regarding realization of money