Case Summary
This case involves Canara Bank as the plaintiff seeking to recover a loan amount from the defendant, Smt. Sathidevi S, who defaulted on the loan. The court found that the plaintiff successfully proved their case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,22,335.52/- along with interest @10.25% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case based on unchallenged evidence and documentation showing the defendant's liability.
The plaintiff established a case based on unchallenged evidence and documentation showing the defendant's liability.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.4,22,335.52/- along with interest @10.25% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Parties Involved
Plaintiffs
Canara Bank, Kalamasserry Branch (Age not specified years)
Woodlands Annex, Eloor Road, North Kalamasserry, Ernakulam- 683104
Defendants
Smt. Sathidevi S (60 years years)
Rajeevam, Friends Avenue, Fathima Church Road, Palathuruthu, Vyttila P O, Pin- 682019
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.4,22,335.52/- with interest
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,22,335.52/- with interest from defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application for Advance
Submitted By:
Plaintiff
Relevance:
Showed that defendant submitted application for advance of Rs.6,00,000/-
Reference:
Ext.A1
Document Type:
Vehicle loan Sanction Communication letter
Submitted By:
Plaintiff
Relevance:
Indicated that the vehicle loan was sanctioned by the plaintiff bank to defendant
Reference:
Ext.A2
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Served as evidence of receipt signed by the defendant for receiving Rs. 6,00,000/-
Reference:
Ext.A3
Document Type:
Letter from the defendant
Submitted By:
Plaintiff
Relevance:
Provided context regarding repayment terms
Reference:
Ext.A4
Document Type:
Letter agreeing to repay the amount
Submitted By:
Plaintiff
Relevance:
Demonstrated defendant's agreement to the repayment terms
Reference:
Ext.A5
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Established the agreement related to the hypothecation of the vehicle
Reference:
Ext.A6
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Confirmed that the defendant acknowledged her debt on 21.05.2019
Reference:
Ext.A7
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Indicated the demand for repayment made by the plaintiff
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided proof of service of lawyer's notice to the defendant
Reference:
Ext.A9
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Showed another acknowledgment of the debt from the defendant
Reference:
Ext.A10
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Served as evidence of the notice requesting payment of the outstanding amount
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided a record of transactions related to the loan
Reference:
Ext.A12