Case Summary
Canara Bank filed a suit against M/s.Prithvi Upholstery & Furniture Works for the recovery of outstanding loan amounts. The defendant failed to appear, leading to a decision in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.9,17,247/- in respect of the first loan and Rs.37,558/- in respect of the second loan together with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the recovery of the total outstanding loan amounts along with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for based on documentation and testimony.
The plaintiff established its case warranting the grant of relief sought for based on documentation and testimony.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for based on documentation and testimony.
The plaintiff established its case warranting the grant of relief sought for based on documentation and testimony.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A11 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.9,17,247/- in respect of the first loan and an amount of Rs.37,558/- in respect of the second loan together with interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s.Prithvi Upholstery & Furniture Works
- Party Age
- 44
- Relation
- Represented by
Plaintiffs Documents
Original Loan Application Form, Original Cash Credit Agreement, Original Letter of Undertaking, Original request for Overdraft Facilities, Original Pronote, Original Deed of Hypothecation, Original Acknowledgment of Debt and Security, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover outstanding dues from the defendant.
Evidence:
The suit decreed with costs Plaintiff is entitled to realise an amount of Rs.9,17,247/- in respect of the first loan and an amount of Rs.37,558/- in respect of the second loan together with interest at the rate of 6% from the date of suit till realisation.
Documents & Evidence
Document Type:
Original Loan Application form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence presented to show the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Original Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the cash credit loan provided to the defendant.
Reference:
Ext.A2
Document Type:
Original letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document is evidence of the defendant's commitments to the bank regarding the loan.
Reference:
Ext.A3
Document Type:
Original Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document supports the claim regarding additional financial facilities requested by the defendant.
Reference:
Ext.A4
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan obligations accepted by the defendant.
Reference:
Ext.A5
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the loans against the assets of the defendant.
Reference:
Ext.A6
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the outstanding debts on different dates, confirming the defendant's liabilities.
Reference:
Ext.A7
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document was referred to in the context of the acknowledgment of debt by the defendant.
Reference:
Ext.A8
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document continues to establish the defendant’s recognition of their debt.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides an account statement detailing the outstanding amounts owed.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document supports the financial claims against the defendant.
Reference:
Ext.A11
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 rent
Case Code
Case between Canara Bank vs M/s.Prithvi Upholstery & Furniture Works regarding realisation of money
Case Code Year
Case between Canara Bank vs M/s.Prithvi Upholstery & Furniture Works regarding realisation of money