Case Summary
The plaintiff, Canara Bank, is a banking institution seeking recovery of an outstanding loan amount from the defendant, Mr. Mohanan.K. The defendant failed to repay the loan despite several demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,51,674.71/- from the defendant and his assets.
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 with interest and costs.
Why Plaintiff Won:
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Losing Side's Weaknesses:
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹2,51,674.71/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Mohanan.K
Plaintiffs Documents
Loan application dated 07/05/2016, Agreement cum deed of hypothecation dated 07/05/2016, Sanction memorandum dated 07/05/2016, Acknowledgment of debt and security dated 30/03/2020, Statement of account from 07/05/2016 to 13/01/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Rajendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,51,674.71/- from the defendant and his assets.
Evidence:
Plaintiff is allowed to realise ₹2,51,674.71/- from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 08.30% per annum with monthly rests from the date of suit till date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 08.30% per annum with monthly rests as on 31/01/2019 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the defendant is crucial to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan and the obligations of the defendant.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
It provides evidence of the approval of the loan disbursed to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the defendant's acknowledgment of the debt.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant as of the specified date.
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
Case between Canara Bank et al vs Mr. Mohanan.K regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Mr. Mohanan.K regarding realisation of money