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OS.No.1280/2022

Case between Canara Bank vs Jayan. E et al regarding realisation of money

Court
COURT OF PRINCIPAL MUNSIFF
Judge
Sri. Mithun Gopi.G.S
Order Date
2025-01-31
Duration
approximately-7 years 9 months 14 days
Case Code No.
1280
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Canara Bank, sued the defendants, Jayan. E and Saleela, for the recovery of an outstanding loan amount. The defendants failed to repay the loan, leading to the suit for realization of the owed sum.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a decree in favor of the plaintiff for the outstanding loan amount along with interest. The defendants were found liable to repay the money.
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,62,416/- with 6% interest until realization and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree in favor of the plaintiff for the outstanding loan amount along with interest. The defendants were found liable to repay the money.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the outstanding loan amount.
Supporting Evidence
The documents produced by the plaintiff show that the defendants are liable to pay this amount, and there is no evidence indicating that the defendants have discharged their liability to the plaintiff.

Judgment Evidence:

The suit is decreed as follows: a) The plaintiff is entitled to realize an amount of 1,62,416 ₹ 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
Relation
Represented by
Party Role
Defendant
Party Name
Jayan. E
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Saleela
Party Age
48
Relation
W/o
Plaintiffs Documents
Original loan application dated 17/04/2017, Agreement and Deed of Hypothecation for the Kisan Credit Card dated 15/05/2017, Copy of the statement of account certified under the Bankers' Book Evidence Act.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K. Prasanth
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize an amount of ₹1,62,416/- with 6% interest from the date of the suit.
Evidence:
the plaintiff is entitled to realize an amount of 1,62,416 ₹/- (Rupees One Lakh Sixty-Two Thousand Four Hundred and Sixteen only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Original loan application executed by the defendants.
Reference:
Ext.A1
Document Type: Agreement and Deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Agreement and Deed of Hypothecation for the Kisan Credit Card.
Reference:
Ext.A2
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Copy of the statement of accounts certified under the Bankers' Book Evidence Act.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Mon, 04/17/2017 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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