Case Summary
Canara Bank is filing a suit against Kavitha. V for the recovery of an amount due on a loan. The defendant failed to repay the loan taken for a working capital facility which was due within a year.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,31,727.75 with interest at the rate of 6% per annum from the date of suit till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Why Plaintiff Won:
The plaintiff proved their case through evidence and the defendant failed to provide sufficient evidence to support their claims.
The plaintiff proved their case through evidence and the defendant failed to provide sufficient evidence to support their claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1 during cross examination stick on his case. Nothing brought out in favour of defendant in cross examination.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,31,727.75/- with interest at the rate of 6% per annum from the date of suit till realisation with costs, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kavitha. V
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Authorization Letter, Loan Application, Sanction Letter, Letter of undertaking, Request for overdraft facility, Pronote with delivery letter, Agreement cum Deed of Hypothecation, Cash Credit agreement, Office copy of Adv. Notice, Postal receipt, Attested copy of statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A Khader
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Abdul Shahan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the loan amount along with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.3,31,727.75/- (Rupees Three Lakhs Thirty One Thousand Seven Hundred Twenty Seven and Seventy five Paise Only) with interest at the rate of 6% per annum from the date of suit till realisation with costs.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document was produced to establish the authority of the bank representative.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to show the defendant's application for a working capital loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was provided to demonstrate the bank's sanction of the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document outlines the defendant's commitment related to the loan.
Reference:
Ext.A4
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
This document was presented to indicate the loan request by the defendant.
Reference:
Ext.A5
Document Type:
Pronote with Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document signifies the defendant's obligation on the loan agreement.
Reference:
Ext.A6
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document establishes the hypothecation agreement related to the loan.
Reference:
Ext.A7
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
This document formalizes the cash credit facility provided by the bank.
Reference:
Ext.A8
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that a legal notice was issued for repayment.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A10
Document Type:
Attested copy of Statement of Account
Submitted By:
Plaintiff
Relevance:
This document illustrates the account details related to the loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank, Kundara Branch vs Kavitha. V regarding suit for the realisation of money
Case Code Year
Case between Canara Bank, Kundara Branch vs Kavitha. V regarding suit for the realisation of money