Case Summary
The plaintiff, M/s Canara Bank, filed a suit for the recovery of money against the defendant, Thankarajan A, due to non-payment of a loan taken for business expansion. The defendant failed to repay the loan amount despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,61,440/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an outstanding loan amount along with interest. The court also permitted the plaintiff to realize costs from the defendant's assets.
Why Plaintiff Won:
The plaintiff established its case through uncontroverted evidence and documentation proving the defendant's loan obligation.
The plaintiff established its case through uncontroverted evidence and documentation proving the defendant's loan obligation.
Losing Side's Weaknesses:
The plaintiff established its case through uncontroverted evidence and documentation proving the defendant's loan obligation.
The plaintiff established its case through uncontroverted evidence and documentation proving the defendant's loan obligation.
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 of a loan facility from the plaintiff Bank and that an amount of Rs.3,61,440/- is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.3,61,440/-(Rupees Three lakhs sixty one thousand four hundred and forty only) with interest at the rate of 11.20% from the date of suit till the date of decree from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Canara Bank
- Relation
- represented by its Branch Manager, Nidhin. R
- Party Role
- Defendant
- Party Name
- Thankarajan A
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Loan application form dated 17/10/2014, Sanction memorandum, Acknowledgment of debt and security dated 21/09/2022, Agreement cum deed of Hypothecation, Computer print of statement of account, Copy of legal notice dated 13/11/2023, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anoop.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount with interest.
Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,61,440/-(Rupees Three lakhs sixty one thousand four hundred and forty only) with interest at the rate of 11.20% from the date of suit till the date of decree from the defendant and his assets both movable and immovable.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document is the application form for the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document details the sanction of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as acknowledgment of the debt by the defendant.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement regarding the hypothecation of assets for the loan.
Reference:
Ext.A4
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
This document provides details of the outstanding dues as per the loan account.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice issued to the defendant regarding the default.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A8
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
2024