Case Summary
The Canara Bank, represented by its Authorized Officer, filed a suit against Rahila Beevi.N for the recovery of a loan amount of Rs. 2,45,796.69. The defendant defaulted on the loan repayment despite requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.2,45,796.69 with interest at the rate of 8.65% per annum from 16/11/2022 till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff proved the claim with sufficient evidence and documentation, including a hypothecation agreement.
The plaintiff proved the claim with sufficient evidence and documentation, including a hypothecation agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The deposition of PW1 coupled with Exts. A1 to A9 documents would prove the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.2,45,796.69/- (Rupees Two Lakhs Forty Five Thousand Seven Hundred and Ninety Six and Sixty Nine Paise only) with interest at the rate of 8.65% per annum from 16/11/2022 till realisation from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rahila Beevi.N
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Authorization Letter, Loan Application, Loan Sanction, Undertaking Letter, Composite Hypothecation Agreement, Receipt of Rs.3,06,000/-, Legal Notice, Postal receipts, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abdul Shahan. K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of Rs. 2,45,796.69 with interest.
Evidence:
Hence, I am satisfied that the plaintiff is entitled to realize an amount of 2,45,796.69/- (Rupees Two Lakhs Forty Five Thousand Seven Hundred and Ninety Six and Sixty Nine Paise only) with interest at the rate of 8.65% per annum compounded monthly rests from the date of suit till realization from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff was entitled to costs associated with the suit.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document authorizes the Chief Manager to represent the bank in this lawsuit.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application for the loan taken by the defendant.
Reference:
Ext.A2
Document Type:
Loan Sanction
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the loan amount to the defendant.
Reference:
Ext.A3
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
This document details the undertakings given by the defendant regarding the loan.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement specifies the terms under which the loan was given and the obligation to repay it.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt acknowledges the disbursement of the loan amount to the defendant.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice demanded the repayment of the outstanding loan amount from the defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of dispatch for the legal notice sent to the defendant.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This statement provides details of the loan account and the outstanding amount due from the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between The Canara Bank et al vs Rahila Beevi.N regarding Realisation of Money
Case Code Year
Case between The Canara Bank et al vs Rahila Beevi.N regarding Realisation of Money