Case Summary
This case involves Canara Bank seeking to recover an outstanding loan amount from the defendant, Sujatha S. The defendant allegedly failed to repay the loan as per the agreement, leading the bank to file this suit for realization of the money due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.58,564 with interest at the rate of 10.90% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, allowing them to recover the outstanding loan amount with interest. The defendant's failure to contest the claims resulted in a decision against her.
Why Plaintiff Won:
The defendant failed to present any evidence to counter the plaintiff's claims, which were substantiated by documentary evidence.
The defendant failed to present any evidence to counter the plaintiff's claims, which were substantiated by documentary evidence.
Losing Side's Weaknesses:
The defendant failed to present any evidence to counter the plaintiff's claims, which were substantiated by documentary evidence.
The defendant failed to present any evidence to counter the plaintiff's claims, which were substantiated by documentary evidence.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has availed loan facility from the plaintiff Bank and that an amount of Rs.58,564 is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.58,564 with interest at the rate of 10.90% per annum from the date of suit till the date of decree from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sujatha S
- Relation
- W/o
Plaintiffs Documents
Loan application, Agreement cum deed of Hypothecation, Computer print of Statement of Accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Pradeep.P.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.58,564/- with interest.
Evidence:
Hence this issue is found in favour of the plaintiff bank and the suit is liable to be decreed.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as proof of the loan requested by the defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as security for the loan.
Reference:
Ext.A2
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Detailing the outstanding amount due from the defendant.
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
Non-payment of rent
Case Code
Case between Canara Bank vs Sujatha S regarding realisation of money
Case Code Year
Case between Canara Bank vs Sujatha S regarding realisation of money