Case Summary
Canara Bank Muttada Branch filed a suit against Dini Dinesh for recovery of a loan amount. The defendant failed to repay the loan despite multiple reminders from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.7,27,260 together with 6% interest from the date of suit till the date of realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the loan amount with interest. The plaintiff is entitled to recover Rs. 7,27,260 along with costs.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and corresponding documents.
The plaintiff established their case through uncontroverted testimony and corresponding documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A8 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.7,27,260 together with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank Muttada Branch
- Party Role
- Defendant
- Party Name
- Dini Dinesh
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Application form for loans to micro and small enterprises, Agreement cum deed of Hypothecation, Sanction Memorandum, Acknowledgment of Debt and security, Statement of account with certification, Copy of legal notice, Postal receipts, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S. Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.7,27,260/- (Rupees Seven Lakhs Twenty Seven Thousand Two Hundred and Sixty only) together with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Application form for loans to Micro and small enterprises
Submitted By:
Plaintiff
Relevance:
This document relates to the loan application made by the defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document provides the details of the loan sanctioned to the defendant by the plaintiff bank.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document indicates the acknowledgment of the defendant's liability to repay the loan.
Reference:
Ext.A4
Document Type:
Statement of account with certification
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance in the account of the defendant.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent by the plaintiff to the defendant demanding payment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment card confirming receipt of the legal notice by the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Canara Bank Muttada Branch vs Dini Dinesh regarding recovery of money
Case Code Year
Case between Canara Bank Muttada Branch vs Dini Dinesh regarding recovery of money