Case Summary
The plaintiff, M/s. Canara Bank, is seeking recovery of a loan amount from the defendants who are members of a Joint Liability Group. The defendants defaulted on their loan repayment obligations despite multiple demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.2,81,997/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the recovery of the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff established their case based on uncontroverted testimony and documentary evidence.
The plaintiff established their case based on uncontroverted testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established their case based on uncontroverted testimony and documentary evidence.
The plaintiff established their case based on uncontroverted testimony and documentary evidence.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A12 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.2,81,997/- (Rupees Two lakhs Eighty One Thousand Nine Hundred and Ninety Seven only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- Requested by its Manager Nidhin. R
- Party Role
- Defendant
- Party Name
- Majitha Beevi. S
- Relation
- W/o. Nazeer. M
- Party Role
- Defendant
- Party Name
- Simi. M
- Relation
- W/o. Subahani. B
- Party Role
- Defendant
- Party Name
- Shameena. S
- Relation
- W/o. Sulaiman. M
- Party Role
- Defendant
- Party Name
- Ali Pathumma. F
- Relation
- W/o. Maheen
- Party Role
- Defendant
- Party Name
- Sumayya. S
- Relation
- W/o. Riyas
Plaintiffs Documents
Original Application, Original credit Sanction Memorandum, Inter Se Agreement, Acknowledgment of Debit, Article of Agreement, Statement of Account, Legal Notice, Connected Legal Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anoop. A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding amount due from the defendants.
Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.2,81,997/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Original Application
Submitted By:
Plaintiff
Relevance:
Document representing the application for the loan by the defendants.
Reference:
Ext.A1
Document Type:
Original Credit Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document detailing the terms of the loan sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Inter se Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants in favor of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Acknowledgment of debit
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debit related to the loan.
Reference:
Ext.A4
Document Type:
Article of Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the agreement related to the loan.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the outstanding amount due from the defendants.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants regarding their default in payment.
Reference:
Ext.A7
Document Type:
Connected Legal Notice
Submitted By:
Plaintiff
Relevance:
Subsequent legal notice regarding the loan repayment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending legal notices to the defendants.
Reference:
Ext.A9 (Series)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Additional evidence of sending legal notices to the defendants.
Reference:
Ext.A10 (series)
Document Type:
AD Card series
Submitted By:
Plaintiff
Relevance:
Document evidencing delivery of legal notices.
Reference:
Ext.A11
Document Type:
Return of Notice
Submitted By:
Plaintiff
Relevance:
Document showing that legal notices were returned undelivered.
Reference:
Ext.A12 (a,b,c,d)
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
Case between M/s. Canara Bank vs Majitha Beevi. S et al regarding recovery of money
Case Code Year
Case between M/s. Canara Bank vs Majitha Beevi. S et al regarding recovery of money