Case Summary
The Canara Bank filed a suit against Sreelekshmi.S.M and Mayadevi C.T for the recovery of a loan amount. The defendants failed to appear and respond, leading to the court proceeding ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.6,80,703/- with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants were found liable for the repayment of the debt.
Why Plaintiff Won:
The uncontroverted averments in the plaint and the affidavits supported by documentary evidence proved that the defendants were liable.
The uncontroverted averments in the plaint and the affidavits supported by documentary evidence proved that the defendants were liable.
Losing Side's Weaknesses:
The uncontroverted averments in the plaint and the affidavits supported by documentary evidence proved that the defendants were liable.
The uncontroverted averments in the plaint and the affidavits supported by documentary evidence proved that the defendants were liable.
Supporting Evidence
The plaintiff established its case warranting the grant of reliefs sought for. The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.6,80,703/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank
- Party Role
- Defendant
- Party Name
- Sreelekshmi.S.M
- Party Age
- 27
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mayadevi C.T
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Loan Sanction memorandum, Educational loan agreement, Letter dated 13/05/2015, Acknowledgment of debt and security, Computer print of statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S Ranjith Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,80,703/- with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendants.
Evidence:
In the result, the suit is decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.6,80,703/- (Rupees Six lakhs eighty thousand seven hundred and three only) with interest at the rate of 9 % per annum from the date of suit till the date of decree from the defendants and their assets both movable and immovable.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document was marked to establish the loan facility sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Educational Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document was marked to show the terms of the loan agreement signed by the defendants.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was referenced to support the claims made by the plaintiff regarding the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document was marked to demonstrate the acknowledgment of the debt by the defendants.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document was presented to outline the outstanding amount due as per the bank's records.
Reference:
Ext.A5
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 rent
Case Code
Case between The Canara Bank vs Sreelekshmi.S.M et al regarding realization of money
Case Code Year
Case between The Canara Bank vs Sreelekshmi.S.M et al regarding realization of money