Case Summary
Canara Bank is seeking to recover a loan amount from Shajahan.S. The defendant defaulted on repayment of a vehicle loan, leading the bank to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹1,49,303/- with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree in favor of Canara Bank, ordering Shajahan.S to pay the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,49,303/- is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹1,49,303/- (Rupees One Lakh Forty-Nine Thousand Three Hundred and Three 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 its Manager, Nidhin
- Party Role
- Defendant
- Party Name
- Shajahan.S
- Party Age
- 51
- Relation
- S/o Sanulabdeen
Plaintiffs Documents
True Copy of Notice dated 31.02.2024, Original Deed of Hypothecation dated 22.04.2014, Sanction Memorandum dated 25.04.2014, Original Loan Application signed by the defendant, Original Acknowledgment of Debt and Security dated 24.02.2021, Statement of Loan Account from 01.01.2010 to 31.01.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. N.R. Rajani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding amount due from the defendant.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 1,49,303/- (Rupees One Lakh Forty-Nine Thousand Three Hundred and Three 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:
The plaintiff is entitled to recover 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:
True copy of Notice
Submitted By:
Plaintiff
Relevance:
This document served as a legal notice demanding payment of dues from the defendant.
Reference:
Ext.A1
Document Type:
Original Deed of Hypothecation Re: Vehicles
Submitted By:
Plaintiff
Relevance:
This document evidences the hypothecation agreement for the vehicle loan.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document outlines the approval of the vehicle loan.
Reference:
Ext.A3
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document shows the loan application submitted by the defendant.
Reference:
Ext.A4
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendant's debt to the bank.
Reference:
Ext.A5
Document Type:
Statement of Loan Account
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the defendant's loan status showing outstanding dues.
Reference:
Ext.A6
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 rent
Case Code
OS.NO.
Case Code Year
2024