Case Summary
Canara Bank filed a suit against Sheeja.N for the recovery of a loan amount due to default in repayment. The court found that the bank had established its case for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.6,16,299.15 with interest at the rate of 6% from the date of suit until realization and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A6 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.6,16,299.15 with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendant and her assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sheeja.N
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
A1 04/02/2020 Original Loan Application Form, A2 18/02/2020 Original Sanction Memorandum, A3 18/02/2020 Original agreement cum deed of Hypothecation, A4 18/02/2020 Original letter of undertaking re: loans/advances, A5 21/05/2022 Statement of Account, A6 11/05/2022 Copy of Lawyer’s Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Feroz.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount along with interest.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.6,16,299.15/- (Rupees Six lakhs sixteen thousand two hundred and ninety nine and fifteen paise only) with interest at the rate of 6% from the date of suit till realisation.
Documents & Evidence
Document Type:
Original Loan Application form
Submitted By:
Plaintiff
Relevance:
This document was used to establish the request for the loan by the defendant.
Reference:
Ext.A1
Document Type:
Original Sanction memorandum
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Original agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was presented to show the terms agreed upon for the loan.
Reference:
Ext.A3
Document Type:
Original Letter of Undertaking Re: Loans/Advances
Submitted By:
Plaintiff
Relevance:
This document outlined the defendant's commitment regarding the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document showed the outstanding dues to the plaintiff bank.
Reference:
Ext.A5
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This document was used to indicate that the defendant was notified about the loan recall.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sheeja.N regarding realisation of money
Case Code Year
Case between Canara Bank vs Sheeja.N regarding realisation of money