Case Summary
The plaintiff, The Canara Bank, is seeking repayment of a loan amounting to Rs.1,63,887 from the defendant, Mr. Joseph Jilben, who failed to repay the loan taken for purchasing a vehicle. The case was decided in favor of the plaintiff as the defendant was absent during the trial.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.1,63,887 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
Supporting Evidence
Having considered unchallenged oral testimony of PW1 and Exts. A1 to A8 and A10, it is evident that the defendant on availing the loan in connection with the purchase of a car committed default in repaying the loan amount as he agreed upon.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.1,63,887 from the defendant with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank
- Relation
- Rep. By its Manager
- Party Role
- Defendant
- Party Name
- Mr. Joseph Jilben
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
25.03.2014 Loan Application, 25.03.2014 Hypothication, 25.03.2014 Letter of undertaking, 25.03.2014 Letter evidencing Execution documents, 30.10.2019 Account statement, 30.08.2019 Copy of legal notice, 28.11.2013 Copy of certificate of loan papers, 25.03.2014 Particulars of Vehicle hypothecated, 02.11.2016 Defendant acknowledge the debt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nandakumar A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ambily Liyona Lazar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.1,63,887/- (Rupees One lakh sixty three thousand eight hundred and eighty seven only) from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document evidences the initial application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document establishes the security agreement for the loan provided for the vehicle.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter confirms the obligation of the defendant to repay the loan amount.
Reference:
Ext.A3
Document Type:
Letter Evidencing Execution of Documents
Submitted By:
Plaintiff
Relevance:
This document shows that the execution of essential documents took place related to the loan.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement provides the financial details of the defendant's loan account to support the plaintiff's claims.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding payment of the outstanding loan amount.
Reference:
Ext.A6
Document Type:
Certificate of Loan Papers
Submitted By:
Plaintiff
Relevance:
This certificate supports the plaintiff's case regarding the loan transaction.
Reference:
Ext.A7
Document Type:
Particulars of Vehicle Hypothecated
Submitted By:
Plaintiff
Relevance:
This document specifies the vehicle that was hypothecated as security for the loan.
Reference:
Ext.A8
Document Type:
Defendant Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant acknowledged the debt owed to the plaintiff.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The unchallenged oral testimony of the plaintiff's witness supported the claims made in the suit.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The Canara Bank vs Mr. Joseph Jilben regarding realization of money
Case Code Year
Case between The Canara Bank vs Mr. Joseph Jilben regarding realization of money