Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Anila A, for recovery of a loan amount. The defendant failed to repay the amount due despite receiving multiple notices and acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.3,98,144/- with interest at the rate of 10.35% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the outstanding loan amount from the defendant. The defendant was ordered to pay the principal amount along with interest.
Why Plaintiff Won:
The defendant failed to appear in court and did not challenge the plaintiff's claims.
The defendant failed to appear in court and did not challenge the plaintiff's claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has availed loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.3,98,144/- (Rupees Three lakhs ninety eight thousand one hundred and forty four only) with interest at the rate of 10.35% per annum from the date of suit till the date of decree from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager B.Gurudatta Baliga
- Party Role
- Defendant
- Party Name
- Anila A
- Party Age
- 41
- Relation
- W/o Shibu T.R
Plaintiffs Documents
Loan Application Form, Deed of Hypothecation RE: Vehicles, Copy of Lawyers notice, Acknowledgment of Debt and Security, Computer print of Statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.R Rajani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount from the defendant.
Evidence:
The suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,98,144/- (Rupees Three lakhs ninety eight thousand one hundred and forty four only) with interest at the rate of 10.35% per annum from the date of suit till the date of decree from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Deed of hypothecation Re: vehicles
Submitted By:
Plaintiff
Relevance:
Document establishing the security for the loan through hypothecation of the vehicle.
Reference:
Ext.A2
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant demanding repayment of the loan amount.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the debt and security executed by the defendant.
Reference:
A4 series
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding loan amount and account statements maintained by the bank.
Reference:
Ext.A5
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 Anila A regarding recovery of money
Case Code Year
Case between Canara Bank vs Anila A regarding recovery of money