Case Summary
The plaintiff, Canara Bank, is suing the defendants for failing to repay an education loan. The first defendant was made exparte, and the second defendant is deceased.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize `3,60,612.63 with 6% interest from the date of suit till the date of realization and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount plus interest. The defendants failed to appear and contest the claims.
Why Plaintiff Won:
The plaintiff bank established its right to recover the claimed amount based on the evidence presented.
The plaintiff bank established its right to recover the claimed amount based on the evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
this court is of the view that the plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize `3,60,612.63 with 6% interest from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Shemi M.
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mohandas
- Party Age
- 59
Plaintiffs Documents
Loan Application submitted by the defendants, Loan sanction letter, Education Loan Agreement, Acknowledgment of Debt and Security, Advocate Notice, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Niyas A. Salam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the outstanding loan amount with interest.
Evidence:
The plaintiff is entitled to realize `3,60,612.63/ (Rupees Three Lakhs Sixty Thousand Six Hundred and Twelve and Sixty Three Paise only) with 6% interest from the date of suit till the date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit.
Evidence:
Plaintiff is also entitled to costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants for the grant of an education loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Documents showing the loan granted to the defendants.
Reference:
Ext.A2
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement and terms for education loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the defendants.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants for outstanding payment.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for the postal notices sent to the defendants.
Reference:
Ext.A8(series)
Document Type:
Unclaimed Advocate Notices
Submitted By:
Plaintiff
Relevance:
Notices sent to the defendants that were unclaimed.
Reference:
Ext.A9(series)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing the outstanding amount due from the defendants.
Reference:
Ext.A10
Document Type:
Certificate from Bank
Submitted By:
Plaintiff
Relevance:
Certificate issued by the plaintiff bank confirming the amount due.
Reference:
Ext.A11
Case Classification
Case Type
Civil 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 Shemi M., Mohandas regarding recovery of loan amount
Case Code Year
Case between Canara Bank et al vs Shemi M., Mohandas regarding recovery of loan amount