Case Summary
The plaintiff, Canara Bank, is suing the defendant, Abilash.C, for the recovery of a loan amount of ₹5,08,349. The defendant failed to repay the loan despite repeated requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹5,08,349 with 6% interest from the date of the suit until the date of realization from the defendant and his assets, along with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing for the recovery of the loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
Supporting Evidence
The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹5,08,349 (Rupees Five Lakhs Eight Thousand Three Hundred and Forty-Nine only) with 6% interest 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
- Party Role
- Defendant
- Party Name
- Abilash.C
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Loan application dated 05/08/2016, Deed of Hypothecation dated 10/08/2016, Statement of accounts from 01/01/2010 to 28/07/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,08,349/- along with interest.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹5,08,349/- (Rupees Five Lakhs Eight Thousand Three Hundred and Forty-Nine only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
(b) The plaintiff is also entitled to realise the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to establish the existence of the loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was used to show the terms of the hypothecation regarding the loan taken by the defendant.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the outstanding amount due from the defendant.
Reference:
Ext.A3
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
2022