Case Summary
The case involves Canara Bank, represented by its Manager, suing M/s Jerald Metals for recovery of a loan amount of ₹3,85,652/- plus interest. The defendant did not appear in court, resulting in a judgment against them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,85,652/- from the defendant and his assets, along with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover a total of ₹3,85,652/- from the defendant along with interest and costs. The court found the defendant liable as they failed to appear and contest the claims.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence that the defendant owed the amount as claimed in the suit.
The plaintiff provided unchallenged evidence that the defendant owed the amount as claimed in the suit.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence that the defendant owed the amount as claimed in the suit.
The plaintiff provided unchallenged evidence that the defendant owed the amount as claimed in the suit.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹3,85,652/- from the defendant and his assets. Plaintiff is allowed to realise interest at the rate of 12.9% per annum with monthly rests from 01/07/2024 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- M/s Jerald Metals
- Party Age
- 42
- Relation
- represented by its Proprietor- Xavier Jerald
Plaintiffs Documents
Loan Application dated 06.01.2022, Cash Credit Agreement dated 06.01.2022, Letter of Renewal dated 06.01.2023, Statement of Account from 21/07/2023 to 30/06/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mansoor.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹3,85,652/- from the defendant.
Evidence:
Therefore, plaintiff is entitled to realise ₹3,85,652/- with interest at the rate of 12.9% per annum with monthly rests from the date of suit till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.9% per annum from 01/07/2024.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12.9% per annum with monthly rests from 01/07/2024 till the date of decree.
Relief Type:
Other
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:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant.
Evidence:
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:
Submitted by the defendant as part of the loan request.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan provided to the defendant.
Reference:
Ext.A2
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Communication regarding the renewal of terms related to the loan.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the amount due to the plaintiff as of the specified date.
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
Case between Canara Bank vs M/s Jerald Metals regarding realisation of money.
Case Code Year
Case between Canara Bank vs M/s Jerald Metals regarding realisation of money.