Case Summary
The plaintiff, Canara Bank, is suing the defendant, M/s.A.K.M.T Society, for the recovery of a loan amount due to default on repayment. The defendant failed to comply with the loan agreement terms and did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs 1,34,600.45/- with interest at the rate of 10.8 percent from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the due amount with interest.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and evidence presented.
The plaintiff proved their case through unchallenged testimony and evidence presented.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and evidence presented.
The plaintiff proved their case through unchallenged testimony and evidence presented.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by her.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The plaintiff shall be entitled to realize Rs 1,34,600.45/- from the defendant with interest at the rate of 10.8 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Ramanattukara Branch
- Party Role
- Defendant
- Party Name
- M/s.A.K.M.T Society
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Loan sanction memorandum, Agreement cum deed of Hypothecation, Acknowledgements of Debt and security, certified copy of loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreehari.P.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs. 1,34,600.45 from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs 1,34,600.45 from the defendant with interest at the rate of 10.8 percent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence to prove the loan agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was presented to substantiate the hypothecation agreement related to the loan.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document demonstrates the terms of hypothecation as part of the loan agreement.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as proof of acknowledgment of the debt by the defendant.
Reference:
Ext.A4
Document Type:
Attested copy of the Account statement
Submitted By:
Plaintiff
Relevance:
This document was used to show the outstanding loan amount due as of a specific date.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s.A.K.M.T Society regarding realization of money
Case Code Year
Case between Canara Bank vs M/s.A.K.M.T Society regarding realization of money