Case Summary
The plaintiff, Canara Bank, claims that the defendant, Sheeja Das, failed to repay a loan of Rs. 4,00,000. The plaintiff seeks to recover the outstanding amount due to non-payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,70,290.96 with interest at the rate of 9.90% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of Rs. 3,70,290.96 with interest from the defendant.
Why Plaintiff Won:
The plaintiff proved their case through evidence that established the defendant's indebtedness.
The plaintiff proved their case through evidence that established the defendant's indebtedness.
Losing Side's Weaknesses:
The plaintiff proved their case through evidence that established the defendant's indebtedness.
The plaintiff proved their case through evidence that established the defendant's indebtedness.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.3,70,290.96/- (Rupees Three Lakh Seventy Thousand Two Hundred and Ninety and Ninety Six paise only) with interest at the rate of 9.90% per annum from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank, Kundara Branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sheeja Das.S
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Authorization Letter, Application for Loans, Sanction Memorandum, Agreement cum deed of hypothecation, Letter of Renewal, Legal Notice, Statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A.Khader
- Appearance Type
- Main Counsel
- Law Firm
- null
- Bar Registration
- null
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Main Counsel
- Law Firm
- null
- Bar Registration
- null
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount.
Evidence:
The plaintiff is entitled to realise an amount of Rs.3,70,290.96/- with interest at the rate of 9.90% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff claimed costs for the suit.
Evidence:
Costs shall follow the event.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's authority to file the suit.
Reference:
Ext.A1
Document Type:
Application for Loans to Micro, Small & Medi cum Enterprises
Submitted By:
Plaintiff
Relevance:
Documents the loan application made by the defendant.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Serves as a record of the loan amount sanctioned to the defendant.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Shows the agreement between the parties regarding the loan.
Reference:
Ext.A4
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Indicates the renewal of the loan facility.
Reference:
Ext.A5
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Another renewal document for the loan facility.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves notice to the defendant regarding the outstanding loan.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between The Canara Bank, Kundara Branch vs Sheeja Das.S regarding Realisation of Money
Case Code Year
Case between The Canara Bank, Kundara Branch vs Sheeja Das.S regarding Realisation of Money