Case Summary
Canara Bank is the plaintiff, represented by its Manager. The case involves the defendant, R.S. Siddique, who failed to repay a loan amount due to the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover ₹6,47,167/- with 6% interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court found the defendant liable for the outstanding loan amount and decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 6,47,167₹/- (Rupees Six Lakhs Forty-Seven Thousand One Hundred and Sixty-Seven 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 6,47,167₹/- (Rupees Six Lakhs Forty-Seven Thousand One Hundred and Sixty-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
- R.S. Siddique
- Relation
- S/o
Plaintiffs Documents
Original Loan Application, Request for Overdraft facilities, Original Sanction Letter, Original agreement cum Deed of Hypothecation, Original guarantee agreement, Original Guarantee Covering Letter, Original Pronote, Certified copy of the statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Praveen.C.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mohammed Ashiq R.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount from the defendant.
Evidence:
The plaintiff is entitled to recover an amount of 6,47,167 ₹/- (Rupees Six Lakhs Forty-Seven Thousand One Hundred and Sixty-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:
Original loan application
Submitted By:
Plaintiff
Relevance:
Proves the defendant's application for a loan from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Supports the loan agreement established between the parties.
Reference:
Ext.A2
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirms the sanctioning of the loan amount to the defendant.
Reference:
Ext.A3
Document Type:
Original Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Documents the security interest created by the defendant in favor of the plaintiff bank.
Reference:
Ext.A4
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
Acts as a guarantee for the loan provided to the defendant.
Reference:
Ext.A5
Document Type:
Original Guarantee Covering Letter
Submitted By:
Plaintiff
Relevance:
Supplementary document supporting the guarantee for the loan.
Reference:
Ext.A6
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
Formalizes the acknowledgment of the loan repayment obligation.
Reference:
Ext.A7
Document Type:
Certified Copy of the Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transaction history of the loan and the outstanding amount.
Reference:
Ext.A8
Document Type:
Certified Copy of the Statement of Account
Submitted By:
Plaintiff
Relevance:
Further provides details on the outstanding balance owed by the defendant.
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
2023