Case Summary
Canara Bank filed a suit against Shyama VP for the recovery of a loan amount. The defendant failed to comply with the repayment terms despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise Rs. 4,54,381.04 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover a total amount of Rs. 4,54,381.04 from the defendant, along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff supported the claims for loan recovery.
The unchallenged evidence of the plaintiff supported the claims for loan recovery.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff supported the claims for loan recovery.
The unchallenged evidence of the plaintiff supported the claims for loan recovery.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A16 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 4,54,381.04/- from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shyama VP
- Relation
- W/o
Plaintiffs Documents
Loan application, Sanction memorandum, Agreement cum deed of Hypothecation, Acknowledgment of debt, Loan agreement, Registered notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreeraj PN
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 4,54,381.04/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 4,54,381.04/- (Rupees Four Lakhs Fifty Four Thousand and Three Hundred and Eighty One and Zero four paisa only) from the defendant with interest at the rate of 12% per annum from the date of suit.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to show the borrowing request made by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued to demonstrate the approval of the loan in favor of the defendant.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed to show the terms of hypothecation of the loan.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions related to the loan over a specified period.
Reference:
Ext.A4
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Provided to show a previous loan request by the defendant.
Reference:
Ext.A5
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Indicates the approval of a loan from another bank.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt undertaken by the defendant.
Reference:
Ext.A7
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the security for the amount loaned.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Details the loan-related account activities.
Reference:
Ext.A9
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Further evidence of a loan request by the defendant.
Reference:
Ext.A10
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Describes the approval process for the loan application.
Reference:
Ext.A11
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Reiterates the acceptance of the debt by the defendant.
Reference:
Ext.A12
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Confirms the legal binding for the hypothecation of the loan.
Reference:
Ext.A13
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Provides transaction records relevant to the loan agreement.
Reference:
Ext.A14
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served to notify the defendant about the outstanding loan amount.
Reference:
Ext.A15
Document Type:
Returned postal cover with acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof that the notice was delivered.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Shyama VP regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Shyama VP regarding realisation of money