Case Summary
Canara Bank filed a suit against Amjad Babu for the recovery of a loan amount. The defendant defaulted on the repayment of the vehicle loan and credit card dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,60,659.13/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is ordered to pay the due amount with interest.
Why Plaintiff Won:
The plaintiff established a case and proved the dues through valid documents.
The plaintiff established a case and proved the dues through valid documents.
Losing Side's Weaknesses:
The plaintiff established a case and proved the dues through valid documents.
The plaintiff established a case and proved the dues through valid documents.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.3,60,659.13/- (Rupees Three lakhs sixty thousand six hundred fifty nine and thirteen paise only) along with interest @9.30% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Amjad Babu
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction memo, Loan agreement, Copy of lawyer notice, Acknowledgment of Debt and Security, Extract of account duly certified.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Teena Mary Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.3,60,659.13/- with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,60,659.13/- with interest from defendant.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendant ordered to pay interest from the date of suit till payment.
Evidence:
Defendant shall pay interest at the rate of 9.30% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant held liable for the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Shows the application for the vehicle loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memo
Submitted By:
Plaintiff
Relevance:
Confirms the sanction of the vehicle loan to the defendant.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan agreement executed by the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served to inform the defendant about the loan default.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Confirms the correctness of the loan balance acknowledged by the defendant.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Provides a certified extract of the account under Banker’s Book Evidence Act.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Amjad Babu regarding realization of money.
Case Code Year
Case between Canara Bank vs Amjad Babu regarding realization of money.