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
The court decreed the suit, allowing the plaintiff to recover Rs.2,78,035.62 from the defendant with specified interest rates.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and documentary evidence of Ext.A1 to A8 would show that the defendant availing a loan of Rs.2,12,000 committed default in repaying the loan amount.
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
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank
- Party Role
- Defendant
- Party Name
- Manitha.M.S.
- Party Age
- 31
- Relation
- W/o
Plaintiffs Documents
Loan Application, Receipt, Composite Hypothecation Agreement, Demand promissory Note, Letter of confirmation, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Lovely K.S.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The Canara Bank vs Manitha.M.S. regarding realization of money
Case Code Year
Case between The Canara Bank vs Manitha.M.S. regarding realization of money