Case Summary
Canara Bank filed a suit against Athira R and Ranjith Kumar regarding recovery of a loan. The defendants defaulted on repayment of the education loan availed for B.Sc Nursing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.3,07,740/- with interest at the rate of 6% per annum from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay the amount due to the plaintiff bank with reduced interest. Costs of the suit are also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiffs proved their claim of borrowal and default of payment through unchallenged evidence.
The plaintiffs proved their claim of borrowal and default of payment through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs proved their claim of borrowal and default of payment through unchallenged evidence.
The plaintiffs proved their claim of borrowal and default of payment through unchallenged evidence.
Supporting Evidence
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exts.A1 to A8 series documents which remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay jointly and severally Rs.3,07,740/- (Rupees Three Lakhs Seven Thousand Seven Hundred And Forty only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Athira R
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ranjith Kumar
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Loan agreement, Letter of undertaking, Subsidy Agreement, Acknowledgment of debt, Statement of account, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K.Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Asokan Pazhur
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff Rs.3,07,740/- with interest.
Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.3,07,740/- (Rupees Three Lakhs Seven Thousand Seven Hundred And Forty only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realisation.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence of the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanctioning of the loan by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan that the defendants agreed to.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document serves as a commitment from the defendants regarding the loan obligations.
Reference:
Ext.A4
Document Type:
Subsidy Agreement
Submitted By:
Plaintiff
Relevance:
This document pertains to the subsidy related to the loan taken by the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment executed by the defendants regarding their debt.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document contains the detailed account of the amount due from the defendants.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent to the defendants regarding their repayment obligations.
Reference:
Ext.A8
Document Type:
Returned Registered Postal envelope
Submitted By:
Plaintiff
Relevance:
This document evidences the return of the postal communication sent to the defendants.
Reference:
Ext.A8(b)
Document Type:
Returned Registered Postal envelope
Submitted By:
Plaintiff
Relevance:
This document evidences another return of postal communication sent to the defendants.
Reference:
Ext.A8(c)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Athira R et al regarding loan recovery
Case Code Year
Case between Canara Bank vs Athira R et al regarding loan recovery