Case Summary
Canara Bank filed a suit against Byju. A and Shyju. A for the realization of a loan amount. The defendants failed to repay the amount borrowed for purchasing a two-wheeler.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.88,871/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the outstanding loan amount from the defendants. The defendants were held liable for failing to repay the borrowed amount.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Supporting Evidence
The PW1 has deposed in tune with the plaint allegations. He has deposed produced exhibits A1 to A5 documents.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs.88,871/- (Rupees eighty eight thousand eight hundred and seventy one only) from the defendants with interest at the rate of 10.55 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Byju. A
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyju. A
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Loan sanction letter dated 02.02.2018, Composite Hypothecation Agreement dated 02.02.2018, Guarantee agreement dated 02.02.2018, Letters of acknowledgment dated 15.01.2021 and 20.12.2023, Account statement from 02.02.2018 to 22.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize Rs.88,871/- from the defendants with interest.
Evidence:
The plaintiff shall be entitled to realize Rs.88,871/- (Rupees eighty eight thousand eight hundred and seventy one only) from the defendants with interest at the rate of 10.55 percent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original of the sanction letter dated 02.02.2018 proving the loan amount sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the hypothecation of the two-wheeler purchased with the sanctioned loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Agreement providing a guarantee for the loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Letters of acknowledgement of debts
Submitted By:
Plaintiff
Relevance:
Letters acknowledging the debts dated 15.01.2021 and 20.12.2023 from the defendants.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Attested copy of the account statement covering the period from 02.02.2018 to 22.05.2024 evidencing the outstanding loan balance.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Byju. A et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Byju. A et al regarding realisation of money