Case Summary
Canara Bank is the plaintiff, represented by its manager, who claims that the defendant, Sheethal.P.K, has defaulted on a loan of Rs.11,73,080/-. The defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay to the plaintiff, an amount of Rs.11,73,080/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.11,73,080/- along with interest.
Why Plaintiff Won:
The plaintiff's claim stands proved due to unrebutted testimony and documentary evidence.
The plaintiff's claim stands proved due to unrebutted testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff's claim stands proved due to unrebutted testimony and documentary evidence.
The plaintiff's claim stands proved due to unrebutted testimony and documentary evidence.
Supporting Evidence
From the unrebutted testimony of PW1 coupled with Exts. A1 to A5, it is found that the plaint claim stands proved and the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.11,73,080/- (Rupees eleven lakh seventy three thousand and eighty only) with interest at the rate of 14.25% per annum from the date of institution of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Perambra Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sheethal.P.K
- Party Age
- 31
- Relation
- D/o
Plaintiffs Documents
Agreement cum deed of hypothecation dated 20.03.2019, Promissory note dated 20.03.2019, Acknowledgment of debt dated 25.09.2020, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.P.Sasidharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the total outstanding amount with interest.
Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.11,73,080/- (Rupees eleven lakh seventy three thousand and eighty only) with interest at the rate of 14.25% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
2) The plaintiff is entitled to realize costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank to secure the loan amount.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendant of the debt owed to the plaintiff bank.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of accounts maintained by defendant showing the outstanding amount.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Another statement of accounts showing the due amount from the defendant to the plaintiff bank.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
C.S.
Case Code Year
2023