Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Syamala kumari, for recovery of loan amounts that have not been paid back. The defendant executed loan agreements but failed to repay the amounts due despite the bank's repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover amounts of Rs.49,080/- and Rs.74,355/- with specified interest rates from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the loan amounts along with interest. The defendant is held liable for the repayment as per the loan agreements.
Why Plaintiff Won:
The defendant failed to contest the case and the claims made by the plaintiff remained unchallenged.
The defendant failed to contest the case and the claims made by the plaintiff remained unchallenged.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has availed loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of Rs.49,080/- with interest at the rate of 9 % per annum from the date of suit till the date of decree. Thereafter 6% interest from the date of decree till the date of realisation. Plaintiff is also entitled to realise an amount of Rs.74,355/- with interest at the rate of 9% per annum from the date of suit till the date of decree. Thereafter 6% interest from the date of decree till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Syamala kumari.K
- Party Age
- 53
Plaintiffs Documents
Loan application forms, Agreement cum Deed of Hypothecation, Statement of Accounts, Acknowledgment of Debt and Security
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.49,080/- with interest.
Evidence:
Plaintiff is entitled to realise an amount of Rs.49,080/- (Rupees Forty nine thousand and eighty only) with interest at the rate of 9 % per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.74,355/- with interest.
Evidence:
Plaintiff is also entitled to realise an amount of Rs.74,355/- (Rupees Seventy four thousand three hundred and fifty five only) with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document is the loan application form executed by the defendant for the loan sanctioned by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement and hypothecation executed by the defendant in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
These documents are computer prints of the statement of accounts maintained by the plaintiff bank in the name of the defendant.
Reference:
Ext.A3 and Ext.A7
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document is another loan application form executed by the defendant.
Reference:
Ext.A4
Document Type:
Agreement of Hypothecation for Agricultural loans
Submitted By:
Plaintiff
Relevance:
This document details the agreement of hypothecation specific to agricultural loans taken by the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the outstanding debts of the defendant towards the plaintiff bank.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The testimony of the plaintiff's manager (PW1) supports the claims made in the suit.
Reference:
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
Case between Canara Bank vs Syamala kumari regarding realisation of money
Case Code Year
Case between Canara Bank vs Syamala kumari regarding realisation of money