Case Summary
Canara Bank filed a suit against Banni.A and Biju Kumar.A for recovery of a loan amount. The defendants defaulted on their loan repayment and were set exparte after failing to respond.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,51,027/- with interest at the rate of 12.10% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Canara Bank, allowing them to recover the loan amount along with interest. The defendants were found liable for failing to repay the outstanding amount.
Why Plaintiff Won:
The plaintiff bank successfully proved the default in loan repayment with uncontroverted testimony and evidence.
The plaintiff bank successfully proved the default in loan repayment with uncontroverted testimony and evidence.
Losing Side's Weaknesses:
The plaintiff bank successfully proved the default in loan repayment with uncontroverted testimony and evidence.
The plaintiff bank successfully proved the default in loan repayment with uncontroverted testimony and evidence.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant have availed loan facility from the plaintiff Bank and that an amount of Rs.2,51,027/- is due to the plaintiff bank as on the date of the suit.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.2,51,027/- (Rupees Two lakhs fifty one thousand and twenty seven only) with interest at the rate of 12.10% per annum from the date of suit till the date of decree from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Nalanchira Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Banni.A
- Party Age
- 83
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju Kumar.A.
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Original Loan application, Agreement of Hypothecation, Computer Print of Statement of Accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.2,51,027/- with interest at the rate of 12.10% per annum.
Evidence:
In the result, the suit is decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.2,51,027/- (Rupees Two lakhs fifty one thousand and twenty seven only) with interest at the rate of 12.10% per annum from the date of suit till the date of decree from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document shows the defendants' request for a loan facility.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This agreement details the security for the repayment of the loan.
Reference:
Ext.A2
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides a record of the outstanding loan amount due.
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
O.S.NO.
Case Code Year
2023