Case Summary
This case involves Canara Bank seeking to recover an outstanding loan amount from the defendants due to their failure to repay despite multiple reminders. The court found the plaintiff's evidence convincing and ruled in their favor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,48,954/- (Rupees Three lakhs forty eight thousand nine hundred and fifty four only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest and costs. The defendants were found to have defaulted on loan repayment despite acknowledging their debt.
Why Plaintiff Won:
The plaintiff established its case with uncontroverted testimony and evidence.
The plaintiff established its case with uncontroverted testimony and evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A9 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.3,48,954/- (Rupees Three lakhs forty eight thousand nine hundred and fifty four 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Faisal A
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabna S
- Relation
- W/o
Plaintiffs Documents
Original Loan Application, Original Canmobile Loan Agreement, Original Guarantee Agreement, Original Acknowledgment of Debt and Security, Original Acknowledgment of Debt and Security, Statement of Account, Copy of Advocate Notice, Original Postal Receipt, Original Returned Cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Shynimol.T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to realize an amount of Rs.3,48,954/- from the defendants.
Evidence:
the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.3,48,954/- (Rupees Three lakhs forty eight thousand nine hundred and fifty four 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.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original Loan Application submitted by the plaintiff.
Reference:
Ext.A1
Document Type:
Canmobile Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original Canmobile Loan Agreement evidencing the loan terms.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original Guarantee Agreement signed by the second defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of Debt and Security executed by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original Acknowledgment of Debt and Security executed by the defendants.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account evidencing the outstanding dues.
Reference:
Ext.A6
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of Advocate Notice sent to the defendants.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original Postal Receipt evidencing service of notice.
Reference:
Ext.A8
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Original Returned Cover evidencing non-delivery.
Reference:
Ext.A9
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
Case between Canara Bank vs Faisal A et al regarding recovery of loan amount
Case Code Year
Case between Canara Bank vs Faisal A et al regarding recovery of loan amount