Case Summary
The plaintiff, Canara Bank, filed a suit against Royal Event Management Studio and Umesh U.M for the recovery of a loan amounting to ₹5,26,709.86, which remained unpaid. The defendants did not appear in court, leading to an ex-parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of ₹5,26,709.86 with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of ₹5,26,709.86 along with interest and costs from the defendants.
Why Plaintiff Won:
The court found that the evidence submitted by the plaintiff established the defendants' liability to pay the loan amount.
The court found that the evidence submitted by the plaintiff established the defendants' liability to pay the loan amount.
Losing Side's Weaknesses:
The court found that the evidence submitted by the plaintiff established the defendants' liability to pay the loan amount.
The court found that the evidence submitted by the plaintiff established the defendants' liability to pay the loan amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹5,26,709.86 is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of ₹5,26,709.86 with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Royal Event Management Studio
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Umesh U.M
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 14/08/2018, Composite Hypothecation Agreement dated 16/08/2018, Original acknowledgment of debt and security dated 30/07/2021, Copy of statement of accounts dated 17/03/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pradeep P.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹5,26,709.86 with interest.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹5,26,709.86 (Rupees Five Lakhs Twenty-Six Thousand Seven Hundred and Nine and Eighty-Six paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application executed by the defendants.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Composite Hypothecation Agreement dated 16/08/2018 executed by the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security dated 30/07/2021.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Copy of the statement of accounts, certified under the Bankers' Books Evidence Act.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2023