Case Summary
Canara Bank filed a suit against Elsy Michael and Bindhu Joseph for the recovery of a loan amount. The defendants defaulted on the loan repayment despite several notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.6,55,317/- from the defendants with interest.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount with interest. The defendants were found liable for the repayment.
Why Plaintiff Won:
The plaintiff bank established their case through unchallenged evidence and documentation.
The plaintiff bank established their case through unchallenged evidence and documentation.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff bank, the plaintiff has established their case.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is hereby entitled to realize Rs.6,55,317/- from the defendants with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Senior Manager
- Party Role
- Defendant
- Party Name
- Elsy Michael
- Party Age
- 75
- Relation
- W/o Michael
- Party Role
- Defendant
- Party Name
- Bindhu Joseph
- Party Age
- 44
- Relation
- W/o Joseph
Plaintiffs Documents
Loan application, Process note of sanction, Composite hypothecation agreement, Guarantee agreement, Demand promissory note, Letter for time barred debts, Acknowledgment of debt and security, Copy of lawyer notice, Postal receipts, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.6,55,317/- from the defendants with interest.
Evidence:
The plaintiff is hereby entitled to realize Rs.6,55,317/- (Rupees Six Lakhs Fifty Five Thousand Three Hundred and Seventeen only) from the defendants with 9% interest from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the proceedings from the defendants.
Evidence:
The plaintiff is also entitled to realize costs of the proceedings from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence of the loan application by the first defendant.
Reference:
Ext.A1
Document Type:
Process note of sanction
Submitted By:
Plaintiff
Relevance:
This document indicates the sanction of the loan requested by the first defendant.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms related to the hypothecation of assets for the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the second defendant's role as a guarantor for the loan.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note serves as a formal demand for the repayment of the loan.
Reference:
Ext.A5
Document Type:
Letter for Time Barred Debts
Submitted By:
Plaintiff
Relevance:
This document relates to the acknowledgment of debts that have been time-barred.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendants' debt and the security given.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding loan repayment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
These receipts were provided as proof of sending documents.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
These cards were submitted as evidence of acknowledgment by the defendants.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a detailed statement of the account related to the loan.
Reference:
Ext.A11
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs Elsy Michael et al regarding loan recovery
Case Code Year
Case between Canara Bank et al vs Elsy Michael et al regarding loan recovery