Case Summary
Canara Bank filed a suit against Najeeb Khan for the recovery of ₹3,76,557 due to defaulting on a loan taken for purchasing a vehicle. The court proceeded ex parte as the defendant did not appear, and the bank provided evidence supporting its claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹3,76,557 with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank, granting them recovery of ₹3,76,557 along with interest and costs due to the defendant's default on the loan.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established the defendants liability for the loan amount.
The evidence presented by the plaintiff clearly established the defendants liability for the loan amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff clearly established the defendants liability for the loan amount.
The evidence presented by the plaintiff clearly established the defendants liability for the loan amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹3,76,557/- (Rupees Three Lakhs Seventy-Six Thousand Five Hundred and Fifty-Seven only) is due from the defendant. The documents produced by the plaintiff clearly demonstrate that the defendant is liable to pay the said amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹3,76,557/- (Rupees Three Lakhs Seventy-six Thousand Five Hundred and Fifty-seven 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
- Najeeb Khan
- Party Age
- 32
Plaintiffs Documents
Original loan application, Original Letter of Undertaking, Original Deed of Hypothecation, Acknowledgment of Debt and Security, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of ₹3,76,557/- with 6% interest from the date of the suit until the date of realization.
Evidence:
the plaintiff is entitled to recover an amount of ₹3,76,557/- (Rupees Three Lakhs Seventy-six Thousand Five Hundred and Fifty-seven only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
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 signed by the defendant.
Reference:
Ext.A1
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original Letter of Undertaking re: Loans/Advances signed by the defendant.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Deed of Hypothecation of Re: Vehicles executed by the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Debt and Security dated 16/12/2019.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the defendant’s loan account certified under 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
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022