Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Vijayan. M. P, to recover a loan amount of ₹ 1,91,946 that the defendant failed to repay. The defendant did not appear in court, leading to a decision being made in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹ 1,91,946 with future interest @ 10.5% per annum, from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, awarding the loan amount with future interest. The defendant was not present, and hence the suit was decreed accordingly.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the plaint amount stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- CANARA BANK, KUTTIADI BRANCH
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- VIJAYAN. M. P
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Common Application form cum appraisal report for credit facilities, Agreement of Hypothecation for Agricultural Loans, Sanction Memorandum, Acknowledgment of debt and security, Lawyer notice, Postal Receipt, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Saleem
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹ 1,91,946 with future interest.
Evidence:
the suit is decreed with costs as follows:- The plaintiff is entitled to realize an amount of₹ 1,91,946/- (Rupees One Lakh Ninety One Thousand Nine Hundred and Forty Six Only) with future interest @ 10.5 % per annum, from the date of suit till the date of realization.
Relief Type:
Penal Interest
Outcome:
Refused
Description:
The claim of penal interest is denied.
Evidence:
However, the claim of penal interest is hereby denied.
Documents & Evidence
Document Type:
Common Application Form cum Appraisal report for credit Facilities for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to the plaintiff bank for the loan.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation for Agricultural loans
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
From the defendant to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. M. Saleem to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Associated with the lawyer notice.
Reference:
Ext.A5 (a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by Canara Bank for the defendant's account.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between CANARA BANK et al vs VIJAYAN. M. P regarding realization of money
Case Code Year
Case between CANARA BANK et al vs VIJAYAN. M. P regarding realization of money