Case Summary
Canara Bank has filed a suit against D. Hari Krishnan and his mother, Mallika. B for non-repayment of an educational loan that has become a non-performing asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹4,74,094/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Canara Bank is entitled to realize an amount of ₹4,74,094/- along with interest from the defendants. The defendants were found liable for the repayment due to the loan.
Why Plaintiff Won:
The plaintiff established the defendants' liability through evidence presented in court.
The plaintiff established the defendants' liability through evidence presented in court.
Losing Side's Weaknesses:
The plaintiff established the defendants' liability through evidence presented in court.
The plaintiff established the defendants' liability through evidence presented in court.
Supporting Evidence
The manager of the plaintiff bank filed an affidavit in lieu of examination-in-chief, reiterating the averments in the plaint and gave evidence as PW1. According to PW1, Ext.A1 is the original loan application dated 04/08/2016 executed by the defendants and Ext.A2 is the Educational Loan Agreement dated 26/08/2016.
Judgment Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of 4,74,094₹ (Rupees Four Lakhs Seventy-Four Thousand and Ninety-Four only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- D. Hari Krishnan
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mallika. B
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Original loan application dated 04/08/2016, Educational Loan Agreement dated 26/08/2016, copy of statement of account from 01.08.2016 to 14.12.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bhadra. S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹4,74,094/- with interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of 4,74,094 ₹/- (Rupees Four Lakhs Seventy-Four Thousand and Ninety-Four only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants.
Evidence:
b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application executed by the defendants.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Educational Loan Agreement dated 26/08/2016.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the statement of accounts certified under the Bankers' Book Evidence Act.
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 Loan
Case Code
OS.NO.
Case Code Year
2023