Case Summary
The plaintiff, Canara Bank, is seeking recovery of a loan amount from the defendant, Amrithavally, who borrowed money to purchase a four-wheeler taxi. The defendant has failed to repay the loan despite reminders and acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹5,45,762/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹5,45,762/- from the defendant along with interest and costs. The suit was decided in favor of the plaintiff as the defendant failed to appear in court.
Why Plaintiff Won:
The plaintiff provided sufficient evidence proving the outstanding loan amount owed by the defendant.
The plaintiff provided sufficient evidence proving the outstanding loan amount owed by the defendant.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence proving the outstanding loan amount owed by the defendant.
The plaintiff provided sufficient evidence proving the outstanding loan amount owed by the defendant.
Supporting Evidence
The documents produced by the plaintiff show that the defendant is liable to pay this amount. There is no evidence on record indicating that the defendant has discharged her liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹5,45,762/- (Rupees Five Lakhs Forty-Five Thousand and Seven Hundred and Sixty-Two only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Anoop.R
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amrithavally
- Relation
- W/o
Plaintiffs Documents
Original Loan application dated 25.07.2014, Original Letter of undertaking dated 25.07.2014, Original Deed of Hypothecation dated 25.07.2014, Copy of Statement of Account from 01.01.2014 to 19.07.2022, Acknowledgment of debt and security dated 24.12.2016, 26.12.2018, 24.09.2021, Copy of the Advocate’s notice dated 12.07.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sunil Aaluvilaagom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹5,45,762/- with 6% interest from the date of the suit until the date of realization from the defendant.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of 5,45,762 ₹/- (Rupees Five Lakhs Forty-Five Thousand and Seven Hundred and Sixty-Two only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Evidence:
In the result; the suit is decreed as follows: b) The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application executed by the defendant.
Reference:
Ext.A1
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 25/07/2014.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original deed of hypothecation dated 25/07/2014.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the statement of account of the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgments of debt executed by the defendant on various dates.
Reference:
Ext.A5 series
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate’s notice dated 12/07/2022.
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
2022