Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount from the defendant, Abhilash Aravindakshan, who failed to repay it. The loan was sanctioned for business expansion, but after repeated reminders, the defendant defaulted, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 5,75,910.06/- with interest at the rate of 11.60% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff, allowing for the recovery of the loan amount with interest. The defendant is liable to pay the total amount due to the plaintiff.
Why Plaintiff Won:
The plaintiff proved its case through evidence and documentation supporting the debt claim.
The plaintiff proved its case through evidence and documentation supporting the debt claim.
Losing Side's Weaknesses:
The plaintiff proved its case through evidence and documentation supporting the debt claim.
The plaintiff proved its case through evidence and documentation supporting the debt claim.
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. 5,75,910.06/- with interest at the rate of 11.60% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Abhilash Aravindakshan
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Loan Application, Original Deed of Hypothecation, Letter of Undertaking, Particulars of Machinery, Office copy of Legal Notice, Postal Receipts, Returned registered cover with A/D legal notice, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Udayabhanu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 5,75,910.06 with interest from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs. 5,75,910.06/- (Rupees Five lakh Seventy Five Thousand Nine Hundred and Ten and Six paise only) from the defendant and his assets with interest thereon at the rate of 11.60% per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the defendant applied for financial assistance.
Reference:
Ext.A1
Document Type:
Original Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Establishes the agreement between the plaintiff and the defendant regarding the loan.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Documents the defendant's commitment to repay the loan.
Reference:
Ext.A3
Document Type:
Particulars of Machinery
Submitted By:
Plaintiff
Relevance:
Details the machinery purchased with the loan.
Reference:
Ext.A4
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant to repay the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice.
Reference:
Ext.A6
Document Type:
Returned registered cover with A/D legal notice
Submitted By:
Plaintiff
Relevance:
Confirms the delivery of the legal notice to the defendant.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Abhilash Aravindakshan regarding Realisation of Money
Case Code Year
Case between Canara Bank vs Abhilash Aravindakshan regarding Realisation of Money