Case Summary
This case involves Canara Bank filing a suit against Shameer.A.H for the realization of unpaid loan amounts. The plaintiff claims that the defendant defaulted on loan repayments despite borrowing money from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.85,687 and Rs.44,736 from the defendant with future interest until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the amounts due from the defendant along with applicable interest. The suit was decreed with costs.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Supporting Evidence
The plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs as per the following terms: 1. The plaintiff is entitled to realise an amount of Rs.85,687 from the defendant and from his assets with future interest at the rate of 11.80% per annum with monthly rest from 17.04.2024 till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Shameer.A.H
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application dated 28.03.2018, Agreement of Cum Deed of Hypothecation dated 28.03.2018, Agreement of hypothecation for Agricultural loans dated 29.03.2018, Acknowledgment of Debt and Security dated 26.11.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajesh.B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover amounts due from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of Rs.85,687/- from the defendant and from his assets with future interest at the rate of 11.80% per annum with monthly rest from 17.04.2024 till date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an additional amount due from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of Rs. 44,736/- from the defendant and his assets with future interest at the rate of 12.30% per annum from 01.04.2024 till date of realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document evidences the loan application submitted by the defendant for obtaining the loan.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document serves as the hypothecation agreement between the plaintiff and defendant regarding the first loan taken.
Reference:
Ext.A2
Document Type:
Agreement of Hypothecation for Agricultural loans
Submitted By:
Plaintiff
Relevance:
This document is the hypothecation agreement for the second loan provided for agricultural purposes.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's acknowledgment of the outstanding loan liabilities.
Reference:
Ext.A4
Document Type:
Copy of statement of account of first loan with Certificate
Submitted By:
Plaintiff
Relevance:
This document provides the statement of account details for the first loan.
Reference:
Ext.A5
Document Type:
Copy of statement of account of second loan with certificate
Submitted By:
Plaintiff
Relevance:
This document includes the statement of account details for the second loan.
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
Recovery of money
Case Code
OS.NO.
Case Code Year
2024