Case Summary
Canara Bank filed a suit against Mahesh kumar.P.P. for realization of money due to non-repayment of an agricultural loan of Rs. 1,00,000. The defendant defaulted on the loan repayment despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 1,50,255/- with future interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 1,50,255 to the bank with future interest.
Why Plaintiff Won:
The plaintiff bank proved the case with cogent and reliable evidence.
The plaintiff bank proved the case with cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff bank proved the case with cogent and reliable evidence.
The plaintiff bank proved the case with cogent and reliable evidence.
Supporting Evidence
I find no reason to disbelieve the evidence adduced by the plaintiff bank. So, the plaintiff bank has proved the case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 1,50,255 /- with future interest at 10.6% per annum on Rs.1,47,868/- from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, By its Manager
- Party Role
- Defendant
- Party Name
- Mahesh kumar.P.P.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Agricultural Loan Application dated 9-9-2016, Agreement of Hypothecation for agricultural loans dated 9-9-2016, Acknowledgment of Debt and Security dated 3-9-2016, Copy of Lawyer Notice dated 10-11-2017, Copy of Ledger Extract.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mercyamma Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jency Suresh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is granted the recovery of Rs. 1,50,255/- along with future interest.
Evidence:
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 1,50,255 /- with future interest at 10.6% per annum on Rs.1,47,868/- from the date of suit till the date of realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agricultural Loan application
Submitted By:
Plaintiff
Relevance:
This document was the application for the agricultural loan submitted by the defendant.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the hypothecation for the loan of Rs. 1,00,000/-.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the defendant acknowledged the debt on 03.09.2016.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is the notice sent to the defendant regarding the payment due.
Reference:
Ext.A4
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
The returned cover signifies that the defendant did not accept the lawyer notice.
Reference:
Ext.A4(a)
Document Type:
Copy of Ledger Extract
Submitted By:
Plaintiff
Relevance:
This document provides a certified copy of the accounts related to the defendant's transactions with the bank.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Mahesh kumar.P.P. regarding realization of money
Case Code Year
Case between Canara Bank et al vs Mahesh kumar.P.P. regarding realization of money