Case Summary
Canara Bank initiated a suit against Santhi.K. for the realization of a loan amount due. The defendant failed to appear in court, resulting in a default judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹51,272/- and ₹78,317/- from the defendant along with accrued interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of Canara Bank, allowing them to recover the outstanding loan amounts with interest. The defendant did not contest the claims, resulting in a default judgment.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
Supporting Evidence
According to PW1, despite their undertaking to repay the loan amount together with interest thereon, the defendant failed to turn up and defaulted in paying the said sum.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹51,272/- from the defendant and her assets and the plaintiff is allowed to realise interest at the rate of 13.15% per annum with monthly rests from 29/05/2024 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Santhi.K.
- Party Age
- 46
- Party Role
- Defendant
- Party Name
- Gopinathan Nair
Plaintiffs Documents
Loan application, Agreement Cum Deed of Hypothecation, Common application form cum appraisal report for credit facilities, Agreement of Hypothecation for Agricultural Loans, Acknowledgment of Debt and Security, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹51,272/- from the defendant and her assets.
Evidence:
Plaintiff is allowed to realise ₹ 51,272/- from the defendant and her assets and the plaintiff is allowed to realise interest at the rate of 13.15% per annum with monthly rests from 29/05/2024 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹78,317/- from the defendant and her assets.
Evidence:
Plaintiff is allowed to realise ₹ 78,317/- from the defendant and her assets and the plaintiff is allowed to realise interest at the rate of 12.15% per annum with monthly rests from 01/04/2024 till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendant dated 19/12/2017.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement cum deed of hypothecation dated 19/12/2017.
Reference:
Ext.A2
Document Type:
Common application form cum appraisal report for credit facilities for agricultural loan application
Submitted By:
Plaintiff
Relevance:
Common application form cum appraisal report for credit facilities for agricultural loan application dated 19/12/2017.
Reference:
Ext.A3
Document Type:
Agreement of Hypothecation for Agricultural loans
Submitted By:
Plaintiff
Relevance:
Agreement of hypothecation for agricultural loans dated 19/12/2017.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt and security dated 26/12/2022.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account from 19/12/2017 to 28/05/2024.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account from 19/12/2017 to 31/03/2024.
Reference:
Ext.A7
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
Case between Canara Bank vs Santhi.K. regarding realisation of money.
Case Code Year
Case between Canara Bank vs Santhi.K. regarding realisation of money.