Case Summary
Canara Bank filed a suit against Revathy P Sampath for the recovery of an outstanding education loan amounting to ₹4,61,421. The defendant failed to appear in court, leading to an ex parte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹4,61,421 with interest at the rate of 6% per annum from the date of the suit until the date of realization, along with costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of Canara Bank, ordering the defendant to pay the outstanding loan amount with interest and costs.
Why Plaintiff Won:
The evidence provided by the plaintiff demonstrated that the defendant was liable for the outstanding amount.
The evidence provided by the plaintiff demonstrated that the defendant was liable for the outstanding amount.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹4,61,421/- (Rupees Four Lakhs Sixty-One Thousand Four Hundred and Twenty-One only) is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹4,61,421/- (Rupees Four Lakhs Sixty-One Thousand Four Hundred and Twenty-One only), with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Revathy P Sampath
- Party Age
- 29
- Relation
- D/o
Plaintiffs Documents
Original Loan Application, Original Educational Loan Agreement, Copy of the Advocate Notice, Copy of the Bank statement of Loan Account, Original Acknowledgment of debt and security, Original Sanction Memorandum
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.V. Sreeja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,61,421/- with interest.
Evidence:
The suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹4,61,421/- (Rupees Four Lakhs Sixty-One Thousand Four Hundred and Twenty-One only), with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendant and her assets.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application signed by the defendant.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original educational loan agreement dated 26/08/2014.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate notice dated 17/04/2023.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Copy of the bank statement of the loan account for the period from 01/09/2014 to 31/05/2023.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security dated 07/10/2021.
Reference:
Ext.A5
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original sanction memorandum dated 19/08/2014.
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
2023