Case Summary
The case involves Canara Bank seeking to recover a loan amount from M/s A.R.G Apparels. The defendant failed to repay the loan taken and was set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹5,79,342/- along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendant was set ex parte and did not present a defense.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set exparte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹5,79,342/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- M/s A.R.G Apparels
- Party Age
- 32
- Relation
- represented by its Proprietor Aravind G.R
Plaintiffs Documents
Loan Application dated 11.05.2018, Agreement Cum Deed of Hypothecation dated 21.05.2018, Statement of Accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹5,79,342/- from the defendant and his assets.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹5,79,342/- from the defendant and his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 8.60% per annum with monthly rests from 15/03/2022 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 8.60% per annum with monthly rests from 15/03/2022 till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant as part of the loan application process.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement and the obligation of the defendant to repay the loan.
Reference:
Ext.A2
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amount due from the defendant.
Reference:
Ext.A3
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
Case between Canara Bank vs M/s A.R.G Apparels regarding realisation of money
Case Code Year
Case between Canara Bank vs M/s A.R.G Apparels regarding realisation of money