Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount of Rs. 2,83,706/- from the defendants, Thulasimani M and Murugesan N, who have defaulted on their payments. The case has progressed to a final hearing where the defendants were declared ex parte for not appearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay Rs. 2,83,706/- with 6% interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay Rs. 2,83,706/- to the plaintiff along with interest at the rate of 6% per annum until realization. The defendants are also liable for the costs of the suit.
Why Plaintiff Won:
Plaintiff proved the borrowal of the amount and the default of payment.
Plaintiff proved the borrowal of the amount and the default of payment.
Losing Side's Weaknesses:
Plaintiff proved the borrowal of the amount and the default of payment.
Plaintiff proved the borrowal of the amount and the default of payment.
Supporting Evidence
PW1 and documents A1 to A5 proved the plaintiff's claim regarding the loan.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendants are directed to pay jointly and severally Rs.2,83,706/- (Rupees Two Lakhs Eighty Three Thousand Seven Hundred And Six Only) to the plaintiff with an interest at the rate of 6% per annum from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Thulasimani M
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Murugesan N
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Agreement Cum Deed of Hypothecation, Acknowledgment of debt and security, Copy of Lawyer notice, Statement of account for the period from 13-10-2021 to 05-12-2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy K.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Gamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the defendants to pay the outstanding loan amount to the plaintiff.
Evidence:
The defendants are directed to pay jointly and severally Rs.2,83,706/- (Rupees Two Lakhs Eighty Three Thousand Seven Hundred And Six Only) to the plaintiff with an interest at the rate of 6% per annum from the date of the suit till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Awarding the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement between plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment regarding the debt owed by the defendants.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants regarding the loan default.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt from defendants related to the loan.
Reference:
Ext.A4
Document Type:
Statement of account for the period from 13-10-2021 to 05-12-2024
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding amount due from the defendants.
Reference:
Ext.A5
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate related to the loan documentation.
Reference:
Ext.A5(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Thulasimani M et al regarding recovery of loan amount
Case Code Year
Case between Canara Bank vs Thulasimani M et al regarding recovery of loan amount