Case Summary
The plaintiff, Canara Bank, filed a suit against M/S Rasam Restaurant and its partners for the recovery of an outstanding loan amount. The defendants failed to repay the loan despite repeated requests, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹3,54,990/- with 6% interest from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the recovery of the outstanding loan amount with interest. The suit was found to be valid based on the evidence presented.
Why Plaintiff Won:
The plaintiff provided sufficient documentary evidence proving the defendants' outstanding liability.
The plaintiff provided sufficient documentary evidence proving the defendants' outstanding liability.
Losing Side's Weaknesses:
The plaintiff provided sufficient documentary evidence proving the defendants' outstanding liability.
The plaintiff provided sufficient documentary evidence proving the defendants' outstanding liability.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹3,54,990/- is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 3,54,990 ₹ /- (Rupees Three Lakhs Fifty-Four Thousand Nine Hundred and Ninety only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by Manager
- Party Role
- Defendant
- Party Name
- M/S Rasam Restaurant
- Relation
- represented by its partners
- Party Role
- Defendant
- Party Name
- Rajkumar R.C
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prathibha Ravi. K
- Party Age
- 40
Plaintiffs Documents
Loan application dated 28/12/2016, Agreement-cum-Deed of Hypothecation dated 31/12/2016, Guarantee agreements and covering letters dated 31/12/2016, Statement of account from 01/12/2016 to 22/09/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover an amount of ₹3,54,990/- with interest.
Evidence:
The plaintiff is entitled to realize an amount of 3,54,990 ₹ /- (Rupees Three Lakhs Fifty-Four Thousand Nine Hundred and Ninety only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of the loan application dated 28/12/2016.
Reference:
Ext.A1
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Presented as evidence of the agreement executed on 31/12/2016.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Introduced as part of the documentary evidence dated 31/12/2016.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Submitted as a covering letter for the guarantee agreement dated 31/12/2016.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Part of the evidence marked on 31/12/2016.
Reference:
Ext.A5
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Another covering letter associated with the guarantee agreement dated 31/12/2016.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided a certified account statement from 01/12/2016 to 22/09/2022.
Reference:
Ext.A7
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