Case Summary
Canara Bank filed a suit against Kavitha. V for the recovery of Rs. 3,31,727.75/- due to a default on a working capital loan. The defendant contended that no hypothecation agreement was executed and challenged the maintainability of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,31,727.75/- with interest at the rate of 6% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the bank to recover the due amount from the defendant along with interest.
Why Plaintiff Won:
The defendant did not produce evidence to substantiate their claims, and the plaintiff provided sufficient documentation.
The defendant did not produce evidence to substantiate their claims, and the plaintiff provided sufficient documentation.
Losing Side's Weaknesses:
The defendant did not produce evidence to substantiate their claims, and the plaintiff provided sufficient documentation.
The defendant did not produce evidence to substantiate their claims, and the plaintiff provided sufficient documentation.
Supporting Evidence
Nothing brought out in favour of defendant in cross examination. PW1 during cross examination stick on his case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,31,727.75/- (Rupees Three Lakhs Thirty One Thousand Seven Hundred Twenty Seven and Seventy five Paise Only) with interest at the rate of 6% per annum from the date of suit till realisation with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kavitha. V
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Authorization Letter, Loan Application, Sanction Letter, Letter of undertaking, Request for overdraft facility, Pronote with delivery letter, Agreement cum Deed of Hypothecation, Cash Credit agreement, Office copy of Adv.Notice, Postal receipt, Attested copy of statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A Khader
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Abdul Shahan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank entitled to recover the amount due from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,31,727.75/- with interest at the rate of 6% per annum from the date of suit till realisation with costs.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Produced to establish the authority of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for the working capital loan submitted by the defendant.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document confirming the loan was sanctioned by the plaintiff bank.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
The defendant's undertaking regarding the loan agreement.
Reference:
Ext.A4
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
Formal request made by the defendant for an overdraft facility.
Reference:
Ext.A5
Document Type:
Promissory Note with Delivery Letter
Submitted By:
Plaintiff
Relevance:
Legal document evidencing the promissory note signed by the defendant.
Reference:
Ext.A6
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document that outlines the hypothecation of assets related to the loan.
Reference:
Ext.A7
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing terms of the cash credit facility.
Reference:
Ext.A8
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Document proving that a legal notice was served to the defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming dispatch of the legal notice to the defendant.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial statement showing the amounts owed by the defendant.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Kavitha. V regarding Suit for the realisation of money
Case Code Year
Case between Canara Bank et al vs Kavitha. V regarding Suit for the realisation of money