Case Summary
Canara Bank filed a suit against Sreejith.S for the recovery of a loan amount due to breach of loan agreement. The defendant failed to appear in court, resulting in an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,49,343/- and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing Canara Bank to recover the owed amount along with interest.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence since the defendant was set ex parte.
The plaintiff provided unchallenged evidence since the defendant was set ex parte.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence since the defendant was set ex parte.
The plaintiff provided unchallenged evidence since the defendant was set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs. Plaintiff is allowed to realise ₹2,49,343/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sreejith.S
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Loan Application, Deed of Hypothecation, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,49,343/- from the defendant and his assets.
Evidence:
Therefore, the plaintiff is entitled to recover defaulted loan amount of Rs.2,49,343/- with future agreed interest at the prevailing interest rate of 12.20% per annum with monthly rest from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.20% per annum with monthly rests from 17/08/2022 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12.20% per annum with monthly rests from 17/08/2022 till the date of decree.
Relief Type:
Recovery
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:
Ext.A1 is the loan application submitted by the defendant dated 13/10/2014.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the deed of hypothecation dated 13/10/2014.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the statement of account from 01/01/2022 to 02/09/2022.
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 Sreejith.S regarding realisation of money.
Case Code Year
Case between Canara Bank vs Sreejith.S regarding realisation of money.