Case Summary
The plaintiff, M/s. Canara Bank, is seeking to recover money from the defendant, Mahin.P.A., due to default on a vehicle loan. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,23,476.05/- along with interest at the specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the owed amount along with interest.
Why Plaintiff Won:
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Losing Side's Weaknesses:
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,23,476.05/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.4,23,476.05/- (Rupees Four lakhs twenty three thousand four hundred and seventy six and five paise only) along with interest @12.05% per annum from 10.01.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- represented by its Manager & Principal Officer, Anju Pushkaran
- Party Role
- Defendant
- Party Name
- Mahin.P.A.
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Particulars of assets and liabilities, Receipt for Rs.2,05,000/-, Composite Hypothecation agreement, Acknowledgements of Debt, Certified copy of Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja.R.Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu.P.J.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.4,23,476.05 with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,23,476.05 with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A5
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Issued by the first defendant in favour of Syndicate Bank for the loan amount.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the first defendant in favour of Syndicate Bank for the loan collateral.
Reference:
Ext.A3
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
Shows details of the defendant's loan account.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant demanding the outstanding liability.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice that was issued.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Canara Bank vs Mahin.P.A. regarding realization of money
Case Code Year
Case between M/s. Canara Bank vs Mahin.P.A. regarding realization of money