Case Summary
Canara Bank filed a suit against Maya C.M and Cisily.N.S for the recovery of money loaned for an aquarium business. The defendants failed to repay the loan amount and were set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.1,63,101/- with interest at the rate of 10.50% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its claim through unchallenged testimonies and documentary evidence.
The plaintiff established its claim through unchallenged testimonies and documentary evidence.
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 defendants have availed loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.1,63,101/- with interest at the rate of 10.50% per annum from the date of suit till the date of decree from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Maya C.M
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Cisily.N.S
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Loan Application Form, Composite Hypothecation Agreement, Guarantee agreement, Acknowledgment of debt and security, Computer print of statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is entitled to recover the outstanding loan amount.
Evidence:
In the result, the suit is decreed with costs: 1.Plaintiff is entitled to realise an amount of Rs.1,63,101/- (Rupees One lakh sixty three thousand one hundred and one only) with interest at the rate of 10.50% per annum from the date of suit till the date of decree from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants jointly and severally and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence used to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document was referenced to demonstrate the security for the repayment of the loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document showed that the second defendant guaranteed the loan taken by the first defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the defendants' acknowledgment of the debt owed to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Computer Print of Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provided the statement of accounts showing the outstanding amount due.
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
Recovery of money
Case Code
Case between Canara Bank vs Maya C.M et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Maya C.M et al regarding realisation of money