Case Summary
Canara Bank, represented by its manager, filed a suit against Mohammed Siyad.S for non-payment of a loan. The defendant failed to appear before the court, leading to an ex parte judgment against him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹7,46,186/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding amount due from the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the outstanding debt and the terms of the loan agreement.
The plaintiff provided sufficient evidence of the outstanding debt and the terms of the loan agreement.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the outstanding debt and the terms of the loan agreement.
The plaintiff provided sufficient evidence of the outstanding debt and the terms of the loan agreement.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹7,46,186/- (Rupees Seven Lakhs Forty-Six Thousand One Hundred and Eighty-Six only) is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹7,46,186/- (Rupees Seven Lakhs Forty-Six Thousand One Hundred and Eighty-six only) with 6% interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohammed Siyad.S
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Original Loan Application for loans to Micro Small and Medium Enterprises, Original Agreement-cum-Deed of Hypothecation, Original Letter of Undertaking regarding Loans/Advances, Bank statement.
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 recover an amount of ₹7,46,186/- with interest from the defendant's assets.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹7,46,186/- (Rupees Seven Lakhs Forty-Six Thousand One Hundred and Eighty-six only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendant.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for loans to Micro Small and Medium Enterprises (MSMEs) signed by the defendant.
Reference:
Ext.A1
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Agreement-cum-Deed of Hypothecation executed by the defendant.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original Letter of Undertaking regarding Loans/Advances executed by the defendant.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement for the period from 11/08/2020 to 10/08/2021 certified under the Bankers Books Evidence Act.
Reference:
Ext.A4
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