Case Summary
Canara Bank filed a suit against Sri.Rajkumar for the recovery of a loan amount of Rs.6,67,382/- which was not repaid by the defendant's late mother. The defendant entered a response but did not file a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.6,67,382/- with 12% simple interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered Sri.Rajkumar to pay Rs.6,67,382/- to Canara Bank with interest. The payment is to be made within six months.
Why Plaintiff Won:
The claims of the plaintiff were supported by unchallenged testimony and documents.
The claims of the plaintiff were supported by unchallenged testimony and documents.
Losing Side's Weaknesses:
The claims of the plaintiff were supported by unchallenged testimony and documents.
The claims of the plaintiff were supported by unchallenged testimony and documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
It is hereby ordered and decreed as follows: (i) That the defendant shall pay into court a sum of ₹ 6,67,382/- (Rupees Six Lakh sixty seven thousand three hundred and eighty two) with 12% simple interest per annum from the date of suit till date of decree..
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sri.Rajkumar
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Letter evidencing deposit of title Deeds and list of title deeds, Loan application, Loan agreement and Deed of Hypothecation for kisan credit card, Letter of declaration, Letter of attestation/Declaration, Statement of account in loan, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K.Narayanan
- Appearance Type
- Main Counsel
- Law Firm
- Ashokan Pazhur
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay a sum of ₹ 6,67,382/- with interest.
Evidence:
It is hereby ordered and decreed as follows: (i)That the defendant shall pay into court a sum of ₹ 6,67,382/- (Rupees Six Lakh sixty seven thousand three hundred and eighty two) with 12% simple interest per annum from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The decree amount shall carry interest @ 6% per annum from the date of decree till deposit.
Evidence:
The said decree amount shall carry interest @ 6% per annum from the date of decree till deposit.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is granted six months' time for payment of the decree amount.
Evidence:
The defendant is granted six months time for payment of the decree amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for sale of mortgaged property in case of default.
Evidence:
It is further ordered and decreed that, in default of payment as aforesaid, the mortgaged property described in the plaint schedule or a sufficient part thereof, be sold.
Documents & Evidence
Document Type:
Letter evidencing deposit of title Deeds and list of title deeds with schedule
Submitted By:
Plaintiff
Relevance:
This document evidences the deposit of title deeds as collateral security for the loan.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is part of the loan application submitted by the borrower's mother.
Reference:
Ext.A2
Document Type:
Loan agreement and Deed of Hypothecation for kisan credit card
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan agreement.
Reference:
Ext.A3
Document Type:
Letter of declaration
Submitted By:
Plaintiff
Relevance:
This letter is a formal declaration relating to the loan.
Reference:
Ext.A4
Document Type:
Letter of attestation/Declaration
Submitted By:
Plaintiff
Relevance:
This document attests the details related to the loan agreements.
Reference:
Ext.A5
Document Type:
Statement of account in loan No.KCC 0752840011947 during the period from 17.03.2015 to 17.01.2023
Submitted By:
Plaintiff
Relevance:
This statement details the account history relevant to the loan.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant recalling the outstanding loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs Sri.Rajkumar regarding realization of money.
Case Code Year
Case between Canara Bank et al vs Sri.Rajkumar regarding realization of money.