Case Summary
Canara Bank filed a suit against Fathima Aslaha E.P. and Ayoob E.P. for the recovery of an education loan. The defendants failed to repay the loan despite multiple reminders from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay Rs.2,35,805.77 with interest at the rate of 9.95% and penal interest at 2% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to jointly and severally pay the outstanding loan amount to the plaintiff bank along with interest and cost of the suit.
Why Plaintiff Won:
Plaintiff proved the case with proper documentation and unchallenged evidence.
Plaintiff proved the case with proper documentation and unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff proved the case with proper documentation and unchallenged evidence.
Plaintiff proved the case with proper documentation and unchallenged evidence.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.2,35,805.77/-(Rupees two lakhs thirty five thousand eight hundred and five and paise seventy seven only) to the plaintiff with interest at the rate of 9.95% and penal interest at the rate of 2% per annum from the date of suit till the date of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Chelannur Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Fathima Aslaha E.P.
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ayoob E.P.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction memorandum, Education Loan agreement, Lawyer Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anitha K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the outstanding loan amount to the plaintiff with interest.
Evidence:
The result, the suit is decreed as follows: A) The defendants shall jointly and severally pay an amount of Rs.2,35,805.77/- (Rupees two lakhs thirty five thousand eight hundred and five and paise seventy seven only) to the plaintiff with interest at the rate of 9.95% and penal interest at the rate of 2% per annum from the date of suit till the date of decree amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff shall also be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Used to establish the loan request made by defendant No.1 to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Sanction memorandum letter
Submitted By:
Plaintiff
Relevance:
Serves as proof of the loan amount sanctioned by the bank to the defendants.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms and conditions of the loan agreement signed by the defendants.
Reference:
Ext.A3
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the demand for repayment sent to the defendants by the plaintiff.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by defendant No.1.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by defendant No.2.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Used to establish the outstanding loan amount due from the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs Fathima Aslaha E.P. et al regarding recovery of loan
Case Code Year
Case between Canara Bank et al vs Fathima Aslaha E.P. et al regarding recovery of loan