Case Summary
Canara Bank filed a suit against Sudha Chandran and Santhoshkumar for the recovery of a loan amount of ₹1,41,308/- due to default. The court found that the defendants had violated the loan agreement by failing to repay the amount owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹1,41,308/- with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of ₹1,41,308/- along with interest and costs from the defendants. The defendants were found liable for the loan amount.
Why Plaintiff Won:
The evidence proved that the defendants failed to repay the loan as per the agreement.
The evidence proved that the defendants failed to repay the loan as per the agreement.
Losing Side's Weaknesses:
The evidence proved that the defendants failed to repay the loan as per the agreement.
The evidence proved that the defendants failed to repay the loan as per the agreement.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,41,308/- is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹1,41,308/- 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
- Sudha Chandran
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santhoshkumar
- Party Age
- 42
Plaintiffs Documents
Original Loan Application for credit facilities to Micro and Small Enterprises, Original Composite Hypothecation Agreement, Original Guarantee Agreement, Original Acknowledgment of Debt and Security, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreena L.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sana J O
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,41,308/- with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹1,41,308/- (Rupees One Lakh Forty-One Thousand Three Hundred and Eight only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for credit facilities to Micro and Small Enterprises dated 04/12/2015 signed by the 1st defendant.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original Composite Hypothecation Agreement signed by the 1st defendant.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original Guarantee Agreement signed by the 2nd defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of Debt and Security dated 17/09/2022 signed by the 1st defendant.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement for the period from 26/12/2022 to 26/12/2024 certified under the Bankers' Books Evidence Act.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2025