Case Summary
This case involves Canara Bank, which filed a suit against Jayakumar. R.V for the recovery of a loan amount due. The defendant did not appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹63,879.01/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the outstanding amount due from the defendant. The decree includes the principal amount along with interest and costs.
Why Plaintiff Won:
The evidence presented proved the defendant's liability for the outstanding loan amount.
The evidence presented proved the defendant's liability for the outstanding loan amount.
Losing Side's Weaknesses:
The evidence presented proved the defendant's liability for the outstanding loan amount.
The evidence presented proved the defendant's liability for the outstanding loan amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹63,879.01/- is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹63,879.01/- (Rupees Sixty-Three Thousand Eight Hundred Seventy-Nine and 1 paise only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Jayakumar. R.V
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original Loan application, Agreement – cum – deed of hypothecation, Acknowledgment of debt and security, Copy of the statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muttathara V.S Viswambharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bibina Salu. R.B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted the right to recover ₹63,879.01 with interest
Evidence:
The plaintiff is entitled to realize an amount of 63,879.01₹/- (Rupees Sixty-Three Thousand Eight Hundred Seventy-Nine and 1 paise only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
The original loan application executed by the defendant
Reference:
Ext.A1
Document Type:
Agreement – cum – deed of hypothecation
Submitted By:
Plaintiff
Relevance:
The agreement for the loan sanctioned to the defendant
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the debt by the defendant dated 16/03/2017
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the debt by the defendant dated 11/04/2019
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the debt by the defendant dated 10/03/2020
Reference:
Ext.A5
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
Certified copy of the statement of accounts showing the outstanding due
Reference:
Ext.A6
Document Type:
Certificate Under Sec. 65B of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate relevant to the admissibility of the electronic document
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence presented by PW1 supporting the plaintiff's claims
Reference:
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
OS.NO.
Case Code Year
2022