Case Summary
Canara Bank has filed a suit against Lineesh Gopal for the recovery of a loan amount of ₹4,21,724 due to his default in repayment. The bank claims interest at a rate of 12.25% per annum and seeks costs associated with the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹4,21,724 with interest at 12.25% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Canara Bank allowing the recovery of ₹4,21,724 along with interest at 12.25% per annum.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendant 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
- LINEESH GOPAL
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Application for Pradhan Manthri Mudra Yojana Loan, Deed of Hypothecation Re-vehicles, Sanction Letter, Copy of Registered Lawyer Notice, Postal Receipt, Postal Acknowledgment Card, Computer Printout of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Saleem
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Dhanya. M. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of ₹4,21,724/- with interest.
Evidence:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Relief Type:
Recovery
Outcome:
Rejected
Description:
The claim for penal interest at 2% from the date of suit till realization.
Evidence:
The claim of penal interest of 2% is denied as it is against RBI Regulations.
Documents & Evidence
Document Type:
Application for Pradhan Manthri Mudra Yojana Loan
Submitted By:
Plaintiff
Relevance:
This document was submitted by the plaintiff to establish the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation Re-vehicles
Submitted By:
Plaintiff
Relevance:
This document was used to show the terms of the hypothecation for the vehicle purchased with the loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was referenced to establish that the loan was sanctioned in favor of the defendant.
Reference:
Ext.A3
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document notified the defendant about the loan default and subsequent actions.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of sending the registered notice to the defendant.
Reference:
Ext.A4(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the defendant's receipt of the registered notice.
Reference:
Ext.A5
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This document showed the financial details of the loan and the amounts owed by the defendant.
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, KUTTIADI BRANCH vs LINEESH GOPAL regarding recovery of loan amount
Case Code Year
Case between CANARA BANK, KUTTIADI BRANCH vs LINEESH GOPAL regarding recovery of loan amount