Case Summary
Canara Bank filed a suit against Rajesh for the recovery of a loan repayment. The defendant failed to comply with the loan terms, resulting in non-payment and the loan being classified as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹1,99,864 with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of Canara Bank, granting it the right to recover the due amount from Rajesh. The plaintiff was awarded a total of ₹1,99,864 with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established the amount due from the defendant.
The evidence presented by the plaintiff clearly established the amount due from the defendant.
Losing Side's Weaknesses:
The evidence presented by the plaintiff clearly established the amount due from the defendant.
The evidence presented by the plaintiff clearly established the amount due from the defendant.
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹1,99,864 is due from the defendant. The documents produced by the plaintiff demonstrate that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹1,99,864 with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 27/02/2015, Original Deed of Hypothecation dated 28/02/2015, Bank statement from 28/02/2015 to 31/08/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,99,864/- with interest.
Evidence:
The plaintiff is entitled to recover an amount of ₹1,99,864/- (Rupees One Lakh Ninety-Nine Thousand Eight Hundred and Sixty-Four only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendant.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original Loan Application signed by the defendant establishing the loan agreement.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Deed of Hypothecation signed by the defendant, detailing the hypothecation of the vehicle.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement certified under the Bankers Books Evidence Act showing the loan account status and payments.
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
OS.NO.
Case Code Year
2022