Case Summary
The plaintiff, Canara Bank, is seeking a decree for the recovery of a loan amount from the defendant, Nagarajan.M, who has failed to repay the sanctioned loans. Despite receiving notices, the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover ₹6,44,802/- 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, allowing them to recover the outstanding loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
The plaintiff provided sufficient evidence to prove the outstanding loan amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹6,44,802/- (Rupees Six Lakhs Forty-Four Thousand Eight Hundred and Two only) 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 ₹6,44,802/- Rupees Six lakhs Forty-Four Thousand Eight Hundred and Two 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
- Nagarajan.M
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Original loan application form for loans to Micro and Small Enterprises (MSMEs), Original Loan Sanction Memorandum, Original Deed of Hypothecation Re: Vehicles, Original loan application form for loans to MSMEs, Original Sanction Memorandum, Deed of Hypothecation Re: Machinery, Original Agreement Cum Deed of Hypothecation, Original acknowledgment of debt and security, Copy of the advocate notice, Postal receipt, Bank Statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Teresa Jaya Fernandez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anisha Nair. G.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of an outstanding amount of ₹6,44,802/-.
Evidence:
The plaintiff is entitled to recover an amount of ₹6,44,802/- with 6% interest from the date of the suit until the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff requested recovery of the costs of the suit.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant.
Documents & Evidence
Document Type:
Loan application form for loans to Micro and Small Enterprises (MSMEs)
Submitted By:
Plaintiff
Relevance:
Original loan application form signed by the defendant for MSME loans.
Reference:
Ext.A1
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original Loan Sanction Memorandum dated 30/04/2019.
Reference:
Ext.A2
Document Type:
Deed of hypothecation Re: vehicles
Submitted By:
Plaintiff
Relevance:
Original Deed of Hypothecation dated 30/04/2019 signed by the defendant.
Reference:
Ext.A3
Document Type:
Loan application form for loans to Micro Small and Medium Enterprises (MSMEs)
Submitted By:
Plaintiff
Relevance:
Original loan application form signed by the defendant dated 18/11/2020.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original Sanction Memorandum dated 18/11/2020.
Reference:
Ext.A5
Document Type:
Deed of Hypothecation re: machinery
Submitted By:
Plaintiff
Relevance:
Deed of Hypothecation dated 18/11/2020 signed by the defendant.
Reference:
Ext.A6
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Agreement-cum-Deed of Hypothecation.
Reference:
Ext.A6(a)
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt signed by the defendant dated 14/09/2023.
Reference:
Ext.A7
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate notice sent to the defendant.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the advocate notice.
Reference:
Ext.A8(a)
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True extract of the bank statement of the defendant’s loan account.
Reference:
Ext.A9
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
2025