Case Summary
Canara Bank sanctioned a loan to Shamala S for purchasing a motor car. After multiple defaults in repayment, the bank filed a suit to recover the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Canara Bank is entitled to realise an amount of Rs.4,41,211/- along with interest at the rate of 6%.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank, allowing them to recover the outstanding loan amount with interest from Shamala S.
Why Plaintiff Won:
Plaintiff bank established its case with uncontroverted testimony and supporting documents.
Plaintiff bank established its case with uncontroverted testimony and supporting documents.
Losing Side's Weaknesses:
Plaintiff bank established its case with uncontroverted testimony and supporting documents.
Plaintiff bank established its case with uncontroverted testimony and supporting documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A7 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,41,211/- with interest at the rate of 6%.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Shamala S
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Original Loan Application Form, Original Deed of Hypothecation, Original Letter of Undertaking re: Loans/Advances, Original Acknowledgment of Debt and Security, Statement of Account, Lawyers Notice and Postal Receipt, Returned Lawyer’s Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Chaithanya S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Neeraj C B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gopalakrishnan V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,41,211/- (Rupees Four lakhs forty one thousand two hundred and eleven only) with interest at the rate of 6% from the date of suit till realisation.
Documents & Evidence
Document Type:
Original Loan Application form
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence establishing the loan agreement.
Reference:
Ext.A1
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the loan and evidences the hypothecation of the vehicle.
Reference:
Ext.A2
Document Type:
Original Letter of Undertaking Re: Loans/Advances
Submitted By:
Plaintiff
Relevance:
This letter outlines the undertakings made by the defendant regarding the loan.
Reference:
Ext.A3
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is evidence of the defendant acknowledging the debt.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides details of the outstanding dues.
Reference:
Ext.A5
Document Type:
Lawyers Notice and Postal Receipt
Submitted By:
Plaintiff
Relevance:
This document is related to the notification sent to the defendant regarding the dues.
Reference:
Ext.A6
Document Type:
Returned Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the communication sent to the defendant regarding the legal action.
Reference:
Ext.A7
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 Shamala S regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Shamala S regarding realisation of money