Case Summary
The plaintiff, Canara Bank, is seeking to recover an outstanding loan amount from the defendant, Fajarudeen K.H., who failed to make repayments on a car loan. The court found the suit barred by limitation and dismissed the case.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
In the result, suit is dismissed. Considering the fact that the defendant remained exparte to the proceedings, there is no order as to costs.
Parties Involved
Plaintiffs
Canara Bank (Age not specified years)
Kalamassery Branch, Woodlands Annex Road, North Kalamassery, Ernakulam-683104
Defendants
Fajarudeen K.H (36 years years)
Kadappally Moolayil, Changampuzha Nagar P.O, South Kalamassery, Ernakulam-682033
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of the outstanding loan amount of Rs.2,25,111.10/- from the defendant.
Evidence:
Therefore issue No.2 is also found against the plaintiff.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
The loan application supports the plaintiff's claim regarding the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Original letter of sanction
Submitted By:
Plaintiff
Relevance:
The letter of sanction indicates that the plaintiff bank sanctioned the loan to the defendant.
Reference:
Ext.A2
Document Type:
Original letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter is a formal agreement by the defendant to repay the loan under the bank's terms.
Reference:
Ext.A3
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
The hypothecation agreement secures the loan against the vehicle.
Reference:
Ext.A4
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice is evidence of the plaintiff's attempts to recover the outstanding loan amount.
Reference:
Ext.A5