Case Summary
Canara Bank is suing Consalouis.S for recovery of a loan amount due. The defendant defaulted on his loan, which has become a non-performing asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,42,188/- together with 6% interest from the date of decree till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Canara Bank. The defendant is required to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and documents.
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and documents.
Losing Side's Weaknesses:
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and documents.
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A7 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.3,42,188/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Consalouis.S
Plaintiffs Documents
Original loan Application, Request for Overdraft Facilities, Cash Credit Agreement, Demand Promissory note, Letter of Undertaking, Certified copy of Statement of Account with Sec 65B Certificate, Copy of Legal Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sunil Aaluvilaagom
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jeena Elza George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amount with interest.
Evidence:
The suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.3,42,188/- together with 6% interest from the date of decree till realisation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Request for overdraft facilities by the defendant.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the cash credit facility for the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant for the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter of undertaking executed by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of the statement of account showing outstanding dues.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendant regarding dues.
Reference:
Ext.A7
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 Consalouis.S regarding recovery of money.
Case Code Year
Case between Canara Bank vs Consalouis.S regarding recovery of money.