Case Summary
Canara Bank filed a suit against Suresh.S for the recovery of a loan amount with interest. The defendant did not appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹1,00,324/- with interest at the rate of 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the loan amount with interest from the defendant.
Why Plaintiff Won:
The evidence and documents produced by the plaintiff clearly showed the defendant's liability.
The evidence and documents produced by the plaintiff clearly showed the defendant's liability.
Losing Side's Weaknesses:
The evidence and documents produced by the plaintiff clearly showed the defendant's liability.
The evidence and documents produced by the plaintiff clearly showed the defendant's liability.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,00,324/- is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹1,00,324/- with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Principal Officer, Manager
- Party Role
- Defendant
- Party Name
- Suresh.S
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original Deed of Hypothecation, Original Letter of Undertaking, Original Acknowledgment of debt and security, Bank statement of Loan Account, True copy of the notice, Returned registered notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pothencode V Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Neeraj C.B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,00,324/- with interest from the defendant.
Evidence:
The plaintiff is entitled to recover an amount of ₹1,00,324/- (Rupees One Lakh Three Hundred and Twenty-Four only), with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Establishes the loan agreement and the defendant's obligation.
Reference:
Ext.A1
Document Type:
Original letter of undertaking
Submitted By:
Plaintiff
Relevance:
Confirms the defendant's commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledges the debt owed by the defendant.
Reference:
Ext.A3
Document Type:
Bank statement of Loan Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance and transaction history.
Reference:
Ext.A4
Document Type:
True copy of the Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant about the outstanding payment.
Reference:
Ext.A5
Document Type:
Returned Registered Notice
Submitted By:
Plaintiff
Relevance:
Indicates the defendant evaded the plaintiff's notice.
Reference:
Ext.A6
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
OS.NO.
Case Code Year
2019