Case Summary
Canara Bank is suing M\s Sree Pooja Batteries for failing to repay a loan of Rs. 3,21,853/-. Despite being served summons, the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of ₹3,21,853/- and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount claimed in the suit due to non-payment of the loan.
The plaintiff proved that the defendant owed the amount claimed in the suit due to non-payment of the loan.
Losing Side's Weaknesses:
The plaintiff proved that the defendant owed the amount claimed in the suit due to non-payment of the loan.
The plaintiff proved that the defendant owed the amount claimed in the suit due to non-payment of the loan.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹3,21,853/- from the defendant and her assets. Plaintiff is allowed to realise interest at the rate of 12.50% per annum with monthly rests from 01/06/2022 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank (Erstwhile Syndicate Bank)
- Relation
- represented its Manager
- Party Role
- Defendant
- Party Name
- M\s Sree Pooja Batteries
- Party Age
- 39
- Relation
- W/o Asok Kumar
Plaintiffs Documents
A1 27/01/2020 Loan application, A2 Nil Composite hypothecation agreement, A3 19/02/2020 Guarantee agreement, A4 01/07/2021 Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹3,21,853/- from the defendant and her assets.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of Rs.3,21,853/- with future agreed interest at the prevailing interest rate of 12.50% per annum with monthly rest from the defendant.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.50% per annum with monthly rests from 01/06/2022 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12.50% per annum with monthly rests from 01/06/2022 till the date of decree.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant to request financial assistance.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the security terms for the loan granted to the defendant.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document formalizes the guarantee provided for the loan.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement shows the amount due to the plaintiff from the defendant as of 31/05/2022.
Reference:
Ext.A4
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 et al vs M\s Sree Pooja Batteries regarding realization of money
Case Code Year
Case between Canara Bank et al vs M\s Sree Pooja Batteries regarding realization of money