Case Summary
Canara Bank is suing M/s. Mookambika Juice Palace for the recovery of a loan amount that has not been repaid. The defendant did not appear in court, leading to the plaintiff's evidence being unchallenged.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs. 1,56,071/- with interest at the rate of 13.50% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay a specified amount along with interest. The defendant failed to appear in court to contest the claims.
Why Plaintiff Won:
Plaintiff's evidence was unchallenged and proved their case.
Plaintiff's evidence was unchallenged and proved their case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 1,56,071/- (Rupees One lakh Fifty Six thousand and Seventy One only) to the plaintiff with interest at the rate of 13.50% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- M/s. Mookambika Juice Palace
- Party Age
- 48
- Relation
- represented by its Proprietor- Sunitha Sudevan
Plaintiffs Documents
Original Loan Application dated 05.11.2019, Composite Hypothecation Agreement dated 14.11.2019, Guarantee Agreement dated 14.11.2019, Acknowledgment of Debt and Security dated 13.10.2022, Statement of Account dated 17.10.2024.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the sum of Rs. 1,56,071/- from the defendant.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs. 1,56,071/- (Rupees One lakh Fifty Six thousand and Seventy One only) to the plaintiff with interest at the rate of 13.50% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 05.11.2019 presented as evidence for the loan.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for hypothecation executed by the defendant for the repayment of the loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement dated 14.11.2019 executed by the defendant in favor of the plaintiff.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt and security executed by the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the statement of account along with a certificate evidencing the dues.
Reference:
Ext.A5
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 Loan
Case Code
OS.NO.
Case Code Year
2024