Case Summary
The case involves Canara Bank attempting to recover a loan amount from the defendants, Abdul Vahab.E and Ebrahim.A, who failed to repay the loan taken in 2016. The defendants argued that their business suffered due to the COVID-19 pandemic, causing them to default on the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,51,614/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing Canara Bank to recover the sum of Rs.3,51,614/- from the defendants along with applicable interest. The defendants were held accountable for their failure to repay the loan.
Why Plaintiff Won:
The plaintiff proved that the defendants owed the amount as claimed in the suit.
The plaintiff proved that the defendants owed the amount as claimed in the suit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹3,51,614/- from the defendants and their assets. 2. Plaintiff is allowed to realise interest at the rate of 10.75% per annum with monthly rests from 01/08/2022 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdul Vahab.E
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ebrahim.A
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
06/07/2016 Loan application, 22/07/2016 Composite Hypothecation agreement, 25/03/2022 Acknowledgment of debt and security
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹3,51,614/- from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹3,51,614/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 10.75% per annum with monthly rests from 01/08/2022 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 10.75% per annum with monthly rests from 01/08/2022 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:
3.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 her assets.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the defendants dated 06/07/2016.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document is the composite hypothecation agreement dated 22/07/2016.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is the guarantee agreement.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of debt and security dated 25/03/2022.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document is the statement of accounts.
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 vs Abdul Vahab.E et al regarding recovery of money
Case Code Year
Case between Canara Bank vs Abdul Vahab.E et al regarding recovery of money