Case Summary
The plaintiff, Canara Bank, seeks to recover a loan amount due from the defendant, Pappy K. The defendant has defaulted on the repayment of the loan taken for the purchase of an autorickshaw.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.77,364.18 with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the due amount from the defendant with interest.
Why Plaintiff Won:
The plaintiff proved the case through the unchallenged oral testimony and documents produced.
The plaintiff proved the case through the unchallenged oral testimony and documents produced.
Losing Side's Weaknesses:
The plaintiff proved the case through the unchallenged oral testimony and documents produced.
The plaintiff proved the case through the unchallenged oral testimony and documents produced.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A5 documents produced by him.
Judgment Evidence:
In the result, the plaintiff shall be entitled to realize Rs.77,364.18 (Rupees Seventy seven thousand three hundred and sixty four and eighteen paise) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Malaparamba Branch
- Party Role
- Defendant
- Party Name
- Pappy K.
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Loan sanction memorandum, Letter of Sanction, Hypothecation agreement, Agreement cum deed of hypothecation, Acknowledgment of debt and security, Attested copy statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreehari P.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Deepa T.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the overdue loan amount from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs.77,364.18 (Rupees Seventy seven thousand three hundred and sixty four and eighteen paise) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
An order for the defendant to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
The document evidences the loan sanctioned to the defendant by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
The document serves as an official letter confirming the loan sanction.
Reference:
Ext.A1(a)
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
The document outlines the terms of the hypothecation agreement related to the loan.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document details the agreement and deed for the hypothecation of the vehicle.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of debt by the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as an additional acknowledgment of debt related to the loan.
Reference:
Ext.A4(a)
Document Type:
Attested copy statement of account
Submitted By:
Plaintiff
Relevance:
This document provides a summary of the account statements during the specified period.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document gives an account statement relevant to the overall loan transactions.
Reference:
Ext.A5(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank, Malaparamba Branch vs Pappy K. regarding realization of money.
Case Code Year
Case between Canara Bank, Malaparamba Branch vs Pappy K. regarding realization of money.