Case Summary
M/s. Canara Bank has filed a suit against Roopesh Kamath for the recovery of money due to a vehicle loan and a business loan. The defendant has failed to repay the amounts despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.6,71,439.52 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff bank is allowed to recover dues from the defendant, including interest up to the realization of the amount.
Why Plaintiff Won:
The plaintiff successfully proved the debt due through evidence and documents.
The plaintiff successfully proved the debt due through evidence and documents.
Losing Side's Weaknesses:
The plaintiff successfully proved the debt due through evidence and documents.
The plaintiff successfully proved the debt due through evidence and documents.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A12 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.6,71,439.52 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Roopesh Kamath
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Application form for loans, Deed of hypothecation, Letter of undertakings, Computer printouts of account statements, Acknowledgments of debt, Lawyer notice.
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:
The plaintiff bank is allowed to recover an amount of Rs.6,71,439.52 together with interest.
Evidence:
The plaintiff bank is allowed to recover Rs.6,71,439.52 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Application form for loans to Micro and small enterprises
Submitted By:
Plaintiff
Relevance:
This document supports the claim regarding the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document evidences the hypothecation of the vehicle for the loan.
Reference:
Ext.A2
Document Type:
Letter of undertakings
Submitted By:
Plaintiff
Relevance:
This document confirms the undertakings related to the loan.
Reference:
Ext.A3
Document Type:
Computer printout of statement of account for the period 04.06.2015 to 05.08.2023
Submitted By:
Plaintiff
Relevance:
This document provides the financial details of the loan repayment status.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's acknowledgment of the debt.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's acknowledgment of the debt.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's acknowledgment of the debt.
Reference:
Ext.A7
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document provides the agreement terms for the second loan availed by the defendant.
Reference:
Ext.A8
Document Type:
Computer printout of statement of account for the period 30.05.2020 to 05.08.2023
Submitted By:
Plaintiff
Relevance:
This document shows the payment details and outstanding balance of the second loan.
Reference:
Ext.A9
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the demand made to the defendant for repayment.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the delivery of the lawyer notice.
Reference:
Ext.A11
Document Type:
Track Consignment
Submitted By:
Plaintiff
Relevance:
This document aids in confirming the receipt of the lawyer notice by the defendant.
Reference:
Ext.A12
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 Roopesh Kamath regarding realisation of money.
Case Code Year
Case between M/s. Canara Bank vs Roopesh Kamath regarding realisation of money.