Case Summary
The Canara Bank filed a suit against Manitha.M.S. for recovery of a loan of Rs.2,78,035.62 due to irregular payments. The defendant failed to appear in court and was set ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.2,78,035.62 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved the loan agreement and default in payment by the defendant.
The plaintiff proved the loan agreement and default in payment by the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.2,78,035.62 from the defendant with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
The Canara Bank (Age not specified years)
Kakkanad Branch, Josh Towers, Padamugal Colony Junction, Vazhakkala, Kakkanad.P.O., Kochi – 682 030
Defendants
Manitha.M.S. (31 years)
2/636, 'Madathichira', Valiyakulam, Udayamperoor 682 307, Manakunnam Village, Kanayannur Taluk, Ernakulam District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.2,78,035.62 from the defendant.
Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.2,78,035.62 (Rupees Two lakh seventy eight thousand and thirty five and sixty two paise only) from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document shows the application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the issuance of Rs.2,12,000 to the defendant.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement showing the hypothecation of assets for the loan amount.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's promise to repay the loan.
Reference:
Ext.A4
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation letter acknowledging the loan by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statements showing the outstanding liability of the defendant.
Reference:
Ext.A6 and A7
Document Type:
Copy of lower notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent to the defendant for repayment of the loan.
Reference:
Ext.A8