Case Summary
Canara Bank filed a suit against Athira G S and Sailaja S for the recovery of an outstanding loan amount of Rs.4,10,404 due to non-payment. The defendants failed to appear in court and the suit was heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs.4,10,404 along with 6% interest from the date of suit till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff established its case based on uncontroverted evidence and relevant documents.
The plaintiff established its case based on uncontroverted evidence and relevant documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A3 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,10,404 together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendants jointly and severally and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Athira G S
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sailaja S
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Original Application for Educational Loan, Original Educational Loan Agreement, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount with interest.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,10,404/- (Rupees Four lakhs ten thousand four hundred and four only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendants jointly and severally and their assets both movable and immovable.
Documents & Evidence
Document Type:
Original Application for Educational Loan
Submitted By:
Plaintiff
Relevance:
Document serves as proof of the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Original Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms and conditions agreed upon for the educational loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding dues of the defendants to the plaintiff bank.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Athira G S et al regarding realisation of money.
Case Code Year
Case between Canara Bank vs Athira G S et al regarding realisation of money.