Case Summary
M/s Canara Bank filed a suit against Sunila.P for recovery of a loan amount. The defendant defaulted on the repayment of the loan taken for starting a business, despite the plaintiff's reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realise an amount of Rs.1,31,064/- with interest at the rate of 11.35%.
Case Type
Civil Suit
Final Judgment
No
The court found in favour of the plaintiff, allowing the suit for recovery of the loan amount. The defendant was ordered to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established that the defendant defaulted on the loan repayment as per the agreement.
The plaintiff established that the defendant defaulted on the loan repayment as per the agreement.
Losing Side's Weaknesses:
The plaintiff established that the defendant defaulted on the loan repayment as per the agreement.
The plaintiff established that the defendant defaulted on the loan repayment as per the agreement.
Supporting Evidence
The perusal of Ext.A4 and other documents offered before Court would go to show that an amount of Rs.1,31,064/- (Rupees One lakh thirty one thousand and sixty four only) is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.1,31,064/- (Rupees One lakh thirty one thousand and sixty four only) with interest at the rate of 11.35% 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 its Branch Manager, Asha.R
- Party Role
- Defendant
- Party Name
- Sunila.P
- Party Age
- 41
- Relation
- W/o Hashim.J
Plaintiffs Documents
Loan application dated 30/10/2017, Agreement cum deed of Hypothecation executed by the defendant, Sanction memorandum dated 30/10/2017, Computer print of statement of accounts, Copy of legal notice dated 19/01/2019, Postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.S.Reena
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajesh kumar. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.1,31,064/- with interest.
Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.1,31,064/- with interest at the rate of 11.35% from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the 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:
This document served as the initial application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the defendant regarding the hypothecation of assets for the loan.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document contains the details of the loan approval and the terms associated with it.
Reference:
Ext.A3
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
This document reflects the outstanding dues of Rs.1,31,064/- as of the date of the suit.
Reference:
Ext.A4
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is the notice issued to the defendant regarding the loan default.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A6
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
O.S.NO
Case Code Year
2019