Case Summary
The plaintiff, Canara Bank, is seeking recovery of loans taken by the defendant, Baiju Shamsudheen, for defaulting on payments. The court examined the evidence and decided in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.73,544/- and Rs.3,11,939/- along with interest from the date of decree till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amounts along with interest.
Why Plaintiff Won:
The plaintiff established its case through the testimony of its manager and the documents presented.
The plaintiff established its case through the testimony of its manager and the documents presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A11 documents the plaintiff had established his case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit No.22/2021 decreed with costs:- Plaintiff is entitled to realise an amount of Rs.73,544/- (Rupees Seventy Three Thousand Five Hundred and Forty Four only)together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Baiju Shamsudheen
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheena Biju
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Loan Application, Pronote, Legal Notice, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.R. Rajani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.73,544/- from the defendant with interest.
Evidence:
In the result, the suit No.22/2021 decreed with costs:- Plaintiff is entitled to realise an amount of Rs.73,544/- (Rupees Seventy Three Thousand Five Hundred and Forty Four only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.3,11,939/- from the defendants with interest.
Evidence:
In the result, the suit No. 24/2021 decreed with costs :- Plaintiff is entitled to realise an amount of Rs.3,11,939/- (Rupees Three Lakhs Eleven Thousand Nine Hundred and Thirty Nine only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application for the first loan.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the promissory note executed by the defendant.
Reference:
Ext.A2
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application for the vehicle loan.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement for the vehicle loan.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the guarantee for the vehicle loan.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Document related to the covering letter for the guarantee.
Reference:
Ext.A6
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan sanction for the first loan.
Reference:
Ext.A7
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan sanction for the vehicle loan.
Reference:
Ext.A8
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document evidencing the legal notice sent to the defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding balance for the first loan.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding balance for the vehicle loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2021