Case Summary
This case involves Canara Bank filing against Rajan. A and Biju. K P for recovery of a loan amount. The defendants defaulted on the repayment of the loan taken by Rajan. A, with Biju. K P as the guarantor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay an amount of Rs.3,32,710/- jointly and severally to the plaintiff with future interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and ordered the defendants to pay the outstanding loan amount. The defendants were placed exparte due to their failure to appear in court.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case for the recovery of the loan amount.
The plaintiff's unchallenged evidence proved its case for the recovery of the loan amount.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case for the recovery of the loan amount.
The plaintiff's unchallenged evidence proved its case for the recovery of the loan amount.
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs.3,32,710/- (Rupees Three lakhs Thirty Two thousand Seven hundred and Ten only) jointly and severally to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Rajan. A
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju. K P
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original Loan Application, Original Composite Hypothecation Agreement, Original Guarantee Agreement, Copy of Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover an amount due from the defendants.
Evidence:
Thus, the suit is decreed with costs and defendants shall pay an amount of Rs.3,32,710/- (Rupees Three lakhs Thirty Two thousand Seven hundred and Ten only) jointly and severally to the plaintiff with future interest at the rate of 12.05% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 29.09.2015.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original Composite Hypothecation Agreement dated 30.09.2015.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original Guarantee agreement dated 30.09.2015.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of statement of account dated 14.09.2022.
Reference:
Ext.A4
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 Rajan. A et al regarding Suit for realization of money.
Case Code Year
Case between Canara Bank vs Rajan. A et al regarding Suit for realization of money.