Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Muhammed Yasir, for the recovery of an outstanding loan amount. The defendant failed to appear in court, leading to the case proceeding ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹2,79,211/- with 6% interest from the date of the suit until the date of realization and the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, decreeing the amount stated in the suit along with interest and costs. The defendant was found liable for the outstanding loan amount.
Why Plaintiff Won:
The plaintiff proved its case through oral and documentary evidence.
The plaintiff proved its case through oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved its case through oral and documentary evidence.
The plaintiff proved its case through oral and documentary evidence.
Supporting Evidence
The oral and documentary evidence adduced by PW1 clearly establish that an amount of ₹2,79,211/- is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 2,79,211₹/- (Rupees Two Lakhs Seventy-Nine Thousand Two Hundred and Eleven only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Muhammed Yasir
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Original Loan Application dated 19/05/2014, Composite Hypothecation Agreement dated 19/05/2014, Acknowledgment of Debt dated 27/01/2020, Acknowledgment of Debt dated 20/09/2022, Bank statement of the loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreena L.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sana J.O
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹2,79,211/- with 6% interest from the defendant.
Evidence:
the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 2,79,211 ₹/- (Rupees Two Lakhs Seventy-Nine Thousand Two Hundred and Eleven only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Evidence:
the plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for credit facilities signed by the defendant.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Composite Hypothecation Agreement signed by the defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt for all types of facilities by the borrower.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security signed by the defendant.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Copy of the bank statement of the loan account certified in accordance with the Bankers' Books Evidence Act.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2024