Case Summary
Canara Bank filed a suit against Usha.S for the recovery of a loan amount. The defendant failed to repay the loan, leading to the bank recovering the dues amounting to ₹1,65,434/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹1,65,434/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, Canara Bank, allowing them to recover the dues from the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Supporting Evidence
After considering the evidence before this Court, it is found that the plaintiff is entitled to a decree in its favour. The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,65,434/- is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹1,65,434/- (Rupees One lakh Sixty-five Thousand Four Hundred and Thirty-four only) with 6% interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Usha.S
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Original loan application form, Original Agreement-cum-Deed of Hypothecation, Original acknowledgment of debt and security, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreena L.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sana J.O
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹1,65,434/- with interest.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹1,65,434/- (Rupees One lakh Sixty-five Thousand Four Hundred and Thirty-four only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application form under the Pradhan Mantri Mudra Yojana signed by the defendant.
Reference:
Ext.A1
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Agreement-cum-Deed of Hypothecation signed by the defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security signed by the defendant.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the defendant’s loan account certified under the Bankers’ Books Evidence Act.
Reference:
Ext.A4
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
OS.NO.
Case Code Year
2024