Case Summary
Canara Bank filed a suit against Mohanan.V for the recovery of a loan amount. The defendant failed to repay the loan, which led to the case being decided ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹2,44,583/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank, allowing the recovery of the outstanding loan amount.
Why Plaintiff Won:
The plaintiff provided sufficient evidence proving the defendant's liability to repay the loan amount.
The plaintiff provided sufficient evidence proving the defendant's liability to repay the loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence proving the defendant's liability to repay the loan amount.
The plaintiff provided sufficient evidence proving the defendant's liability to repay the loan amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹2,44,583/- (Rupees Two Lakhs Forty-four Thousand Five Hundred and Eighty-Three only) is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹2,44,583/- (Rupees Two Lakhs Forty-four Thousand Five Hundred and Eighty-Three only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets. (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohanan.V
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Original Loan application dated 20/08/2015, Original Deed of Hypothecation dated 22/08/2015, Original Letter of Undertaking regarding Loans/Advances, Bank Statement from 22/08/2015 to 16/09/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitled to recover an amount due with interest.
Evidence:
The plaintiff is entitled to recover an amount of ₹2,44,583/- (Rupees Two Lakhs Forty-four Thousand Five Hundred and Eighty-Three 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:
Entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document evidencing the hypothecation of the vehicle purchased.
Reference:
Ext.A2
Document Type:
Original Letter of Undertaking regarding Loans/Advances
Submitted By:
Plaintiff
Relevance:
Agreement related to the loan terms signed by the defendant.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows the loan account details and outstanding balance.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2022