Case Summary
Canara Bank is seeking to recover outstanding loans from Jyothish Kumar N. The defendant failed to appear in court to contest the claims made by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.61,257/- in respect of the first loan and Rs.59,595/- in respect of the second loan together with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of Canara Bank and granted a decree for the recovery of the loan amounts due from Jyothish Kumar N, including interest.
Why Plaintiff Won:
The plaintiff established its case through uncontroverted testimony and supporting documents.
The plaintiff established its case through uncontroverted testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff established its case through uncontroverted testimony and supporting documents.
The plaintiff established its case through uncontroverted testimony and supporting documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A7 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.61,257/- in respect of the first loan and Rs.59,595/- in respect of the second loan together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jyothish Kumar N
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Original Loan Application, Original Agreement Cum Deed of Hypothecation, Statement of Account, Original Agricultural Loan Application, Original Agreement of Hypothecation for Agricultural Loan, Original Acknowledgment of Debt and Security, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreehari J S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover outstanding loan amounts from the defendant.
Evidence:
the plaintiff had established its case warranting the grant of relief sought for.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the initiation of the loan agreement by the defendant.
Reference:
Ext.A1
Document Type:
Original agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Provided security for the loan repayment.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Showed the outstanding balance on the loan.
Reference:
Ext.A3
Document Type:
Original Agricultural Loan Application
Submitted By:
Plaintiff
Relevance:
Related to the second loan granted to the defendant.
Reference:
Ext.A4
Document Type:
Original Agreement of Hypothecation for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Secured the agricultural loan repayment.
Reference:
Ext.A5
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledged the outstanding dues from the defendant.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided details of the account relative to the second loan.
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
Non-payment of rent
Case Code
Case between Canara Bank vs Jyothish Kumar N regarding realisation of money
Case Code Year
Case between Canara Bank vs Jyothish Kumar N regarding realisation of money