Case Summary
Canara Bank filed a suit against Aswin and Shyja C.M for the recovery of loan amount due to non-payment. The defendants took a loan for educational purposes but failed to repay it as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.4,17,598/- to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The defendants are directed to pay the total loan amount along with interest as specified.
Why Plaintiff Won:
The claim of the plaintiff regarding the overdue payment was substantiated by the evidence provided.
The claim of the plaintiff regarding the overdue payment was substantiated by the evidence provided.
Losing Side's Weaknesses:
The claim of the plaintiff regarding the overdue payment was substantiated by the evidence provided.
The claim of the plaintiff regarding the overdue payment was substantiated by the evidence provided.
Supporting Evidence
The plaint claim of the borrowal of the money by the defendant from the plaintiff stands proved by the affidavit of PW1 and Exts.A1 to A6 series.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.4,17,598/- to the plaintiff with interest at the rate of 7% per annum from the date of the suit till date of decree and thereafter with interest at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Aswin
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyja. C.M
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Original application for Education Loan, Education Loan Agreement, Subsidy Agreement, Sanction memorandum, Statement of account for the period, Copy of Lawyer Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.K. Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the loan amount along with interest and costs.
Evidence:
The defendant is directed to pay Rs.4,17,598/- (Rupees four lakh seventeen thousand five hundred and ninety eight only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till date of decree and thereafter with interest at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is also directed to pay costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Original application for Education Loan
Submitted By:
Plaintiff
Relevance:
This document was used to prove the application for the loan made by the defendants.
Reference:
Ext.A1
Document Type:
Education Loan Agreement(Original)
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement signed by the defendants.
Reference:
Ext.A2
Document Type:
Subsidy Agreement (Original)
Submitted By:
Plaintiff
Relevance:
This document supports the claims regarding the subsidy associated with the loan.
Reference:
Ext.A3
Document Type:
Sanction memorandum (Original)
Submitted By:
Plaintiff
Relevance:
This document details the loan sanction provided to the defendants.
Reference:
Ext.A4
Document Type:
Statement of account for the period
Submitted By:
Plaintiff
Relevance:
This document shows the repayment status and outstanding amount owed by the defendants.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document relates to the legal notice sent to the defendants regarding the loan default.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Canara Bank vs Aswin et al regarding recovery of loan amount
Case Code Year
Case between Canara Bank vs Aswin et al regarding recovery of loan amount