Case Summary
The plaintiff, Canara Bank, has sued the defendants for the recovery of a defaulted education loan. The defendants defaulted on the repayment of the loan despite receiving repeated requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹8,31,004/- with interest at the rate of 13.95% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff bank, allowing them to recover the due amount from the defendants. The defendants are held responsible for the entire amount due.
Why Plaintiff Won:
The plaintiff proved the defendants owed the amount claimed in the suit.
The plaintiff proved the defendants owed the amount claimed in the suit.
Losing Side's Weaknesses:
The plaintiff proved the defendants owed the amount claimed in the suit.
The plaintiff proved the defendants owed the amount claimed in the suit.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹8,31,004/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager, Sujith.P.S, S/o Subramanian
- Party Role
- Defendant
- Party Name
- Gopika.G.S
- Party Age
- 28
- Relation
- D/o Gopichandran Nair.B
- Party Role
- Defendant
- Party Name
- Gopichandran Nair.B
- Party Age
- 57
- Relation
- S/o Bhaskaran Nair.R
Plaintiffs Documents
Loan application dated 02/05/2006, Education loan agreement dated 04/05/2006, Acknowledgment of debt and security dated 02/04/2014, Agreement for availing of interest subsidy dated 07/05/2014, Copy of advocate notice dated 01/08/2016, Statement of accounts from 04/05/2006 to 06/10/2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anithas Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Angha Ajith
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Deepa.S.K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shiny Sreejith
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Prabha Kumari.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff was allowed to realise ₹8,31,004 from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹8,31,004 from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff was allowed to realise interest at the rate of 13.95% per annum from 07/10/2016 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 13.95% per annum with monthly rests from 07/10/2016 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff was allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff was allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendants as part of the loan agreement process.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan provided to the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt owed by the defendants to the plaintiff.
Reference:
Ext.A3
Document Type:
Agreement for Availing of Interest Subsidy
Submitted By:
Plaintiff
Relevance:
This document details the agreement regarding interest subsidy related to the loan.
Reference:
Ext.A4
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding the default in loan repayment.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides details of the transactions and the balance due from the defendants.
Reference:
Ext.A6
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 Gopika.G.S et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Gopika.G.S et al regarding realisation of money