Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount from the defendant, Pradeep S, who failed to repay a loan taken for purchasing an autorickshaw. The defendant did not appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,91,372/- with interest at the rate of 10.45% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case and established the defendant's liability to repay the loan.
The plaintiff's unchallenged evidence proved its case and established the defendant's liability to repay the loan.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs.2,91,372/- (Rupees Two lakhs Ninety One thousand Three hundred and Seventy Two only) to the plaintiff with interest at the rate of 10.45% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Pradeep S
- Relation
- S/o Silvester
Plaintiffs Documents
Original Loan Application, Original letter of undertaking, Original deed of Hypothecation, Statement of Account, Original of Acknowledgment of Debt, Copy Of Advocate Notice, Acknowledgment Card, Original Postal Receipt, Copy of RC Book
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sunil Aaluvilaagom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree to realize the amount from the defendant.
Evidence:
Hence, the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 23.06.2015.
Reference:
Ext.A1
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of Undertaking dated 23.06.2015.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original deed of hypothecation dated 23.06.2015.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original of Acknowledgment of Debt.
Reference:
Ext.A5 series
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of advocate notice dated 11.03.2022.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt.
Reference:
Ext.A8
Document Type:
RC Book
Submitted By:
Plaintiff
Relevance:
Copy of RC book.
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
2022