Case Summary
Canara Bank is suing Akhil A.S. and others for the recovery of a loan amount. The defendants failed to repay the loan taken for educational purposes despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.5,04,021.08/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, who is entitled to recover the outstanding loan amount with interest from the defendants. The defendants have failed to appear and defend the claims.
Why Plaintiff Won:
The court found the defendants liable to repay the loan amount due as per the agreements executed in favor of the plaintiff bank.
The court found the defendants liable to repay the loan amount due as per the agreements executed in favor of the plaintiff bank.
Losing Side's Weaknesses:
The court found the defendants liable to repay the loan amount due as per the agreements executed in favor of the plaintiff bank.
The court found the defendants liable to repay the loan amount due as per the agreements executed in favor of the plaintiff bank.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents would go to prove that the defendants have availed loan facility from the plaintiff Bank and that an amount of Rs.5,04,021.08/- is due to the plaintiff bank as on the date of the suit.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.5,04,021.08/- with interest at the rate of 9 % per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager Vidhya A.G
- Party Role
- Defendant
- Party Name
- Akhil A.S.
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anilkumar. M
- Party Age
- 55
- Relation
- F/o
- Party Role
- Defendant
- Party Name
- Sheela B
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Education loan application form dated 26/08/2015, Acknowledgment of debt and security, Legal notice dated 18/03/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nizar.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Arathy.U.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.5,04,021.08 with interest from the defendants.
Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.5,04,021.08 with interest at the rate of 9 % per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the education loan application form dated 26/08/2015 which initiated the loan process.
Reference:
Ext.A1
Document Type:
Particulars of Assets and Liabilities
Submitted By:
Plaintiff
Relevance:
This document contains the original particulars of assets and liabilities of the individual series relevant to the loan.
Reference:
Ext.A2
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
This document is the original general agreement related to the loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Process Note
Submitted By:
Plaintiff
Relevance:
This document is the original of the process note related to the loan transaction.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document relates to the acknowledgment of debt and security executed by the defendants on 19/03/2022.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendants demanding repayment of the loan amount.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt for the legal notice sent to the defendants.
Reference:
Ext.A7
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the original of the returned legal notice sent to the defendants.
Reference:
Ext.A8
Document Type:
True Extract of Ledger Account
Submitted By:
Plaintiff
Relevance:
This document provides the true extract of the ledger account showing the outstanding amount due.
Reference:
Ext.A9
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 Canara Bank vs Akhil A.S. et al regarding realization of money
Case Code Year
Case between Canara Bank vs Akhil A.S. et al regarding realization of money