Case Summary
Canara Bank has filed a suit against Jubin. K and others for the realization of a loan amount of Rs.4,68,580/- which was not repaid. The defendants are accused of defaulting on the loan granted for educational purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay jointly and severally Rs.4,68,580/- along with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay jointly and severally Rs.4,68,580/- with interest. Additionally, the defendants were ordered to bear the costs of the suit.
Why Plaintiff Won:
The plaintiff's claim of borrowal and default of payment was established by unchallenged affidavit and documents.
The plaintiff's claim of borrowal and default of payment was established by unchallenged affidavit and documents.
Losing Side's Weaknesses:
The plaintiff's claim of borrowal and default of payment was established by unchallenged affidavit and documents.
The plaintiff's claim of borrowal and default of payment was established by unchallenged affidavit and documents.
Supporting Evidence
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A14 documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: a) The defendants are directed to pay jointly and severally Rs.4,68,580/- (Rupees Four Lakhs Sixty Eight Thousand Five Hundred and Eighty Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization. b) The defendants are also directed to pay jointly and severally costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Principal Officer
- Party Role
- Defendant
- Party Name
- Jubin. K
- Party Age
- 30
- Party Role
- Defendant
- Party Name
- Maimoona
- Party Age
- 54
- Relation
- W/o Abdul Nazar
- Party Role
- Defendant
- Party Name
- Abdul Nazar
- Party Age
- 61
- Relation
- S/o Muhammed Koya Haji
Plaintiffs Documents
Application for Education Loan, Sanction Memorandum, Education Loan Sanction Communication, Education Loan Agreement, Letter of Undertaking, Guarantee Agreement, Guarantee Covering Letter, Agreement between the student and the Branch of the Bank, Acknowledgment of debt and security, Copy of statement of accounts, 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 jointly and severally Rs.4,68,580/- to the plaintiff.
Evidence:
The defendants are directed to pay jointly and severally Rs.4,68,580/- (Rupees Four Lakhs Sixty Eight Thousand Five Hundred and Eighty Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization.
Relief Type:
Recovery
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:
Application for Education Loan
Submitted By:
Plaintiff
Relevance:
Document signed by defendants requesting a loan for education.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Memorandum related to the sanction of the education loan.
Reference:
Ext.A2
Document Type:
Education Loan Sanction Communication
Submitted By:
Plaintiff
Relevance:
Communication regarding the sanction of the loan.
Reference:
Ext.A3
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the education loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking letter signed for securing the loan.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Agreement relating to the guarantees for the repayment of the loan.
Reference:
Ext.A6
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Cover letter for the guarantee agreement.
Reference:
Ext.A7
Document Type:
Agreement between the student and the Branch of the Bank
Submitted By:
Plaintiff
Relevance:
Agreement outlining terms between the student and the bank branch.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt and security by the defendants.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Second acknowledgment of debt and security.
Reference:
Ext.A10
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Third acknowledgment of debt and security.
Reference:
Ext.A11
Document Type:
Copy of statement of accounts for the period from 23.01.2014 to 14.08.2023
Submitted By:
Plaintiff
Relevance:
Statement of accounts reflecting transactions related to the loan.
Reference:
Ext.A12
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the lawyer regarding the pending dues.
Reference:
Ext.A13
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the sending of the lawyer notice.
Reference:
Ext.A13(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the lawyer notice.
Reference:
Ext.A13(b)
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reply received in response to the lawyer's notice.
Reference:
Ext.A14
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 Jubin. K et al regarding realization of money.
Case Code Year
Case between Canara Bank vs Jubin. K et al regarding realization of money.