Case Summary
Canara Bank is the plaintiff seeking to recover a debt owed by D Packs, represented by its proprietor Ramakanthan P. The case involves the non-repayment of loans taken by the second defendant against which security documents were executed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹5,78,681.27 with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank for the recovery of ₹5,78,681.27 with interest. The case was decided ex parte due to the defendants' non-appearance.
Why Plaintiff Won:
The court found that the plaintiff provided sufficient evidence of the defendants' liability for the outstanding loan amounts.
The court found that the plaintiff provided sufficient evidence of the defendants' liability for the outstanding loan amounts.
Losing Side's Weaknesses:
The court found that the plaintiff provided sufficient evidence of the defendants' liability for the outstanding loan amounts.
The court found that the plaintiff provided sufficient evidence of the defendants' liability for the outstanding loan amounts.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 5,78,681.27/- (Rupees Five Lakhs Seventy-Eight Thousand Six Hundred Eighty-One and Paise Twenty-Seven Only) is due from the 2nd defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of 5,78,681.27/- (Rupees Five Lakhs Seventy-Eight Thousand Six Hundred Eighty-One and Paise Twenty-Seven Only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- D Packs
- Party Role
- Defendant
- Party Name
- Ramakanthan.P
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original Loan Application form Pradhan Mantri Mudre Yojana dated 21/08/2018, Composite Hypothecation Agreements dated 18/09/2018 and 04/09/2019, Agreement-cum-Deed of Hypothecation dated 28/04/2020 and 04/06/2020, Acknowledgment of Debt and Security (NF 760) dated 03/09/2020, Statement of loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pradeep P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Renu.G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,78,681.27 with interest.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 5,78,681.27/- (Rupees Five Lakhs Seventy-Eight Thousand Six Hundred Eighty-One and Paise Twenty-Seven Only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit.
Evidence:
(a) The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original Loan Application form Pradhan Manthri Mudre Yojana
Submitted By:
Plaintiff
Relevance:
This document was submitted by the 2nd defendant as part of the loan application process.
Reference:
Ext.A1
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was secured.
Reference:
Ext.A2
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This document is another hypothecation agreement related to the loan.
Reference:
Ext.A3
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document pertains to the additional amount sanctioned as a loan.
Reference:
Ext.A4
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document represents another agreement involving the loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is a formal acknowledgment of the debt by the 2nd defendant.
Reference:
Ext.A6
Document Type:
Statement of Loan Account
Submitted By:
Plaintiff
Relevance:
This statement provides the account details and outstanding balance due.
Reference:
Ext.A7
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
2023