Case Summary
Canara Bank is suing Aloysius S Miranda for the recovery of a loan amount due to breach of loan agreement. The defendant failed to repay the loan despite repeated requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,40,814/- with interest at the rate of 11.80% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the defaulted loan amount along with interest.
Why Plaintiff Won:
The defendant was set ex parte, and the evidence provided by the bank was undisputed.
The defendant was set ex parte, and the evidence provided by the bank was undisputed.
Losing Side's Weaknesses:
The defendant was set ex parte, and the evidence provided by the bank was undisputed.
The defendant was set ex parte, and the evidence provided by the bank was undisputed.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹1,40,814/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Aloysius S Miranda
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan application dated 11/10/2018, Agreement of hypothecation dated 11/10/2018, Statement of account dated 04/08/2022.
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 recover ₹1,40,814/- from the defendant.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of ₹1,40,814/- with future agreed interest at the prevailing interest rate of 11.80% per annum with monthly rest from the defendant.
Relief Type:
Injunction
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 09/07/2022 till the date of decree.
Relief Type:
Injunction
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:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to request financial assistance.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the loan accepted by the defendant.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the amount due from the defendant as of a certain date.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
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