Case Summary
The plaintiff, Canara Bank, is seeking the repayment of a loan amounting to ₹4,63,657 from the defendant, Subramaniam. A. The defendant did not appear in court, leading to a decree being awarded to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹4,63,657 with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹4,63,657 with interest from the defendant, who did not respond to the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
The plaintiff provided sufficient evidence of the loan agreement and the outstanding amount.
Supporting Evidence
The manager of the plaintiff bank filed an affidavit in-lieu of examination-in-chief reiterating the averments in the plaint... 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 realize an amount of ₹4,63,657 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
- Subramaniam. A
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 06/11/2019, Composite Hypothecation Agreement dated 06/11/2019, Copy of statement of account certified under the Bankers Book Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mansoor. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,63,657/- with interest.
Evidence:
the plaintiff is entitled to realize an amount of 4,63,657 ₹ /- (Rupees Four Lakhs Sixty-Three Thousand Six Hundred and Fifty-Seven only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document is the original loan application executed by the defendant.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document is the Composite Hypothecation Agreement dated 06/11/2019.
Reference:
Ext.A2
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the statement of accounts showing the outstanding balance.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023