Case Summary
Canara Bank has filed a suit against Aloysius S Miranda for the recovery of a loan amount due. The defendant failed to repay the sanctioned credit facility despite several requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹70,214/- and interest at the rate of 11.80% per annum from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the loan amount and applicable interest.
Why Plaintiff Won:
Defendant defaulted in repayment and failed to contest the claims.
Defendant defaulted in repayment and failed to contest the claims.
Losing Side's Weaknesses:
Defendant defaulted in repayment and failed to contest the claims.
Defendant defaulted in repayment and failed to contest the claims.
Supporting Evidence
According to PW1, despite their undertaking to repay the loan amount together with interest thereon, the defendant failed to turn up and defaulted in paying the said sum.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹70,214/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Aloysius S Miranda
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan application, Agreement of hypothecation, Acknowledgment of debt and security, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹70,214/- from the defendant.
Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹70,214/- from the defendant and his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 11.80% per annum.
Evidence:
Plaintiff is allowed to realise interest at the rate of 11.80% per annum with monthly rests from 01/10/2022 till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the defendant for the credit facility.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon for the hypothecation of the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's acknowledgment of the debt.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account details the transactions and outstanding amount owed by the defendant.
Reference:
Ext.A4
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 vs Aloysius S Miranda regarding realisation of money
Case Code Year
Case between Canara Bank vs Aloysius S Miranda regarding realisation of money