Case Summary
The plaintiff, Canara Bank, is suing the defendant, Suresh Kumar, for the repayment of a loan taken out by the defendant to purchase an autorickshaw. The defendant defaulted on the loan repayment despite acknowledging the debt multiple times.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs. 1,65,535/- with interest at the rate of 6% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an amount of Rs. 1,65,535/- with interest. The debtor was found to be liable for the repayment as per the terms of the loan agreement.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Supporting Evidence
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 and defendant shall pay an amount of Rs. 1,65,535/- (Rupees One lakh Sixty Five thousand Five hundred and Thirty Five only) to the plaintiff with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Relation
- S/o
Plaintiffs Documents
Original Loan Application dated 18.02.2015, Original Letter of Undertaking dated 03.03.2015, Original Deed of Hypothecation dated 03.03.2015, Certified copy of statement of account, Acknowledgment of Debt documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sunil Aaluvilaagom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the due amount from the defendant.
Evidence:
Hence, the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Original letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document is the letter in which the defendant agreed to repay the loan.
Reference:
Ext.A2
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document acts as security for the loan taken by the defendant.
Reference:
Ext.A3
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provides the financial details related to the loan account.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
These documents are acknowledgments by the defendant agreeing to repay the outstanding balance.
Reference:
Ext.A5 series
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the defendant regarding the repayment of the loan.
Reference:
Ext.A6
Document Type:
Copy of RC Book
Submitted By:
Plaintiff
Relevance:
This document may provide information regarding the vehicle purchased with the loan.
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
OS.NO.
Case Code Year
2022