Case Summary
Canara Bank, as the plaintiff, has filed a suit against the defendant, Viji.S, for the recovery of a loan amount due. The defendant took two loans from the plaintiff bank but failed to comply with the repayment obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹2,63,068/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of ₹2,63,068/- from the defendant along with interest and costs. The defendant was absent and unable to present a defense.
Why Plaintiff Won:
The plaintiff proved an amount due from the defendant through evidence and documentation.
The plaintiff proved an amount due from the defendant through evidence and documentation.
Losing Side's Weaknesses:
The plaintiff proved an amount due from the defendant through evidence and documentation.
The plaintiff proved an amount due from the defendant through evidence and documentation.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹2,63,068/- is due from the defendant. There is no evidence on record indicating that the defendant has discharged her liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹2,63,068/- (Rupees Two Lakhs Sixty-Three Thousand and Sixty-Eight only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Viji.S
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Original loan application dated 07/01/2020, Original debtor-creditor agreement dated 07/01/2020, Original debt restructuring agreement, Original loan application form for loans to MSMEs for ₹70,000/- signed by the defendant, Original agreement-cum-deed of hypothecation executed on 18/06/2020, Pronote dated 18/06/2020, Bank statements for the loan accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreehari. J.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of the outstanding amount due.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹2,63,068/- (Rupees Two Lakhs Sixty-Three Thousand and Sixty-Eight only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff seeks to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Proves the existence of a loan request made by the defendant.
Reference:
Ext.A1
Document Type:
Original debtor–creditor agreement
Submitted By:
Plaintiff
Relevance:
Details the terms and conditions of the loan agreement executed by the defendant.
Reference:
Ext.A2
Document Type:
Original Debt Restructuring Agreement
Submitted By:
Plaintiff
Relevance:
Used to support the claim regarding the restructuring of the defendant's debt.
Reference:
Ext.A3
Document Type:
Original loan application form for loans to Micro Small and Medium Enterprises
Submitted By:
Plaintiff
Relevance:
Proves the approval and terms of the second loan sanctioned to the defendant.
Reference:
Ext.A4
Document Type:
Original Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Supports the claim of hypothecation for the second loan given to the defendant.
Reference:
Ext.A5
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Acts as a legal acknowledgment of the loan by the defendant.
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Demonstrates the outstanding balance remaining due from the defendant.
Reference:
Ext.A7
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Further evidences the financial status and amounts owed by the defendant.
Reference:
Ext.A8
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