Case Summary
The plaintiff, Canara Bank, seeks to recover a loan amount from the defendant, Aji Mohan, who has failed to repay despite repeated requests. The case involves defaulted loans and breaches of agreement by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹9,50,599/- from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover an amount of ₹9,50,599/- along with interest from the defendant. The defendant was found liable for the defaulted loans.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the outstanding debt and the defendant's failure to repay, which was unchallenged.
The plaintiff provided sufficient evidence of the outstanding debt and the defendant's failure to repay, which was unchallenged.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the outstanding debt and the defendant's failure to repay, which was unchallenged.
The plaintiff provided sufficient evidence of the outstanding debt and the defendant's failure to repay, which was unchallenged.
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 ₹9,50,599/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, PTP Nagar Branch, Thiruvananthapuram
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aji Mohan
Plaintiffs Documents
Loan application dated 08/08/2019, Agreement cum deed of hypothecation dated 19/10/2019, Sanction memorandum dated 10/10/2019, Lawyers notice dated 10/05/2023, Acknowledgment of debt and security dated 14/01/2021, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. N.R.Rajani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover the amount due from the defendant.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of Rs.9,50,599/- with future agreed interest at the prevailing interest rate of 9.25% per annum with monthly rest from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff allowed to realize interest on the loan amount.
Evidence:
Plaintiff is allowed to realise interest at the rate of 9.25% per annum with monthly rests from the date of suit till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff allowed to realize future interest from the date of decree.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff allowed to recover costs of the suit.
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:
Submitted by the defendant as part of the loan application process.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant in favor of the bank for the loan.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document showing the approval of the loan amount.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the loan repayment.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's debt and security for the loan.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document detailing the amount due from the defendant to the plaintiff.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Aji Mohan regarding realisation of money
Case Code Year
Case between Canara Bank vs Aji Mohan regarding realisation of money