Case Summary
Canara Bank filed a suit against Preetha R.S and Sujatha Remani for recovery of a loan amount due. The defendants failed to repay the loan despite repeated requests and legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹3,42,147.86/- with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court found that the defendants have failed to repay the loan despite acknowledging the debt. Therefore, the suit was decreed in favor of the plaintiff for the amount due.
Why Plaintiff Won:
The evidence established that the defendants are liable for the loan amount.
The evidence established that the defendants are liable for the loan amount.
Losing Side's Weaknesses:
The evidence established that the defendants are liable for the loan amount.
The evidence established that the defendants are liable for the loan amount.
Supporting Evidence
The oral and documentary evidence provided by PW1 establishes that an amount of ₹3,42,147.86/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: - (a)The plaintiff is entitled to realize an amount of ₹3,42,147.86/- (Rupees Three Lakhs Forty-Two Thousand One Hundred Forty-Seven and Eighty-Six Paise 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
- Party Role
- Defendant
- Party Name
- Preetha R.S
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sujatha Remani
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Original loan application, Original Canara Mobile loan agreement, Original Guarantee covering letter, Original Guarantee agreement, Original Acknowledgment of Debt and Security, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S. Pradeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renu.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Anish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount due with interest and costs.
Evidence:
the suit is decreed as follows: - (a) The plaintiff is entitled to realize an amount of ₹3,42,147.86/- (Rupees Three Lakhs Forty-Two Thousand One Hundred Forty-Seven and Eighty-Six Paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to request financial assistance for purchasing a motor car.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the first defendant agreeing to repay the loan amount with interest.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed by the second defendant to guarantee the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by both defendants as a direct agreement regarding repayment of the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledged the outstanding loan liability by the first defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount 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
OS.NO.
Case Code Year
2020