Case Summary
Canara Bank filed a suit against M/s Karuna Medicals for the recovery of a loan amount due. The court found that the defendants defaulted on the repayment of the loan and were set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹2,32,293/- along with interest at the rate of 10.40% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing Canara Bank to recover ₹2,32,293/- along with interest from the defendants. The defendants were not present to contest the claims.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the debt owed by the defendants.
The plaintiff provided sufficient evidence of the debt owed by the defendants.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the debt owed by the defendants.
The plaintiff provided sufficient evidence of the debt owed by the defendants.
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: Plaintiff is allowed to realise ₹2,32,293/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Karuna Medicals
- Party Role
- Defendant
- Party Name
- Sindhu Prabha
- Party Age
- 44
- Relation
- W/o Nazerudeen
Plaintiffs Documents
Loan Application, Agreement cum Deed of Hypothecation, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Pradeep.P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Renu.G
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,32,293/- from the defendant and his assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹2,32,293/- with interest at the rate of 10.40% per annum with monthly rests from the date of suit till realisation.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 10.40% per annum with monthly rests from 06/08/2022 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 10.40% per annum with monthly rests from 06/08/2022 till the date of decree.
Relief Type:
Injunction
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:
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 his assets.
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:
Loan application submitted by the defendant dated 06/07/2020.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement cum deed of hypothecation dated 06/07/2020.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account from 06/07/2020 to 06/08/2022.
Reference:
Ext.A3
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 M/s Karuna Medicals regarding realisation of money.
Case Code Year
Case between Canara Bank vs M/s Karuna Medicals regarding realisation of money.