Case Summary
Canara Bank is suing Daglus and Santhosh Sunny for the recovery of an outstanding loan amount. The defendants have not repaid the loan amount despite repeated reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.2,29,718/- along with interest at the rate of 6% from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established its case through uncontroverted testimony.
The plaintiff established its case through uncontroverted testimony.
Losing Side's Weaknesses:
The plaintiff established its case through uncontroverted testimony.
The plaintiff established its case through uncontroverted testimony.
Supporting Evidence
Thus, the suit is liable to decreed with costs. Considering the facts and circumstances of the case, I am of the view that an interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization will serve the ends of justice.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.2,29,718/- (Rupees Two lakhs twenty nine thousand seven hundred and eighteen only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Daglus
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh Sunny
Plaintiffs Documents
03/02/2017 Loan Application Form, 03/02/2017 Deed of Hypothecation, 03/02/2017 Guarantee Covering Letter, 03/02/2017 Guarantee Agreement, Statement of Account 03/02/2017 to 14/10/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the loan amount along with interest.
Evidence:
I am of the view that the case of the plaintiff stands proved and it is entitled to a decree to realise the amount from the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of suit.
Evidence:
I am of the view that an interest at the rate of 6% per annum for the principal amount from the date of suit till date of realisation will serve the ends of justice.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff bank and the defendants.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Provided as part of the security for the loan.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Correspondence regarding the guarantee for the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the guarantees provided by the defendants.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Used to show the outstanding dues that the defendants owe to the plaintiff.
Reference:
Ext.A5
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 Loan
Case Code
Case between Canara Bank vs Daglus et al regarding realisation of money.
Case Code Year
Case between Canara Bank vs Daglus et al regarding realisation of money.