Case Summary
Canara Bank filed a suit against Prince M A and T K Mohanan for the recovery of an outstanding loan amount. The bank claims the defendants defaulted on a loan taken for educational purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.4,32,877/- together with interest at the rate of 6% from the date of suit till realisation and cost of the suit
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount along with interest. The case was decreed with costs.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
Supporting Evidence
The plaintiff had established its case warranting the grant of relief sought for based on uncontroverted testimony of PW1 and Exts.A1 to A4.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.4,32,877/- (Rupees Four lakhs thirty two thousand eight hundred and seventy seven only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Prince M A
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T K Mohanan
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original Loan Application, Sanction Letter, Original General Agreement, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Feroz. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the outstanding loan amount from the defendants.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,32,877/- (Rupees Four lakhs thirty two thousand eight hundred and seventy seven only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for the loan granted to the first defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the loan granted to the first defendant.
Reference:
Ext.A2
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
Original general agreement executed for the loan agreement.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account showing the outstanding dues of the defendants.
Reference:
Ext.A4
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 Loan
Case Code
Case between Canara bank vs Prince M A et al regarding realisation of money
Case Code Year
Case between Canara bank vs Prince M A et al regarding realisation of money