Case Summary
Canara Bank filed a suit against Minimoli.L for the realization of an outstanding loan amount of ₹59,410.54. The defendant failed to appear in court despite being served summons, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹59,410.54 with 6% interest from the date of the suit and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff is entitled to recover the due amount from the defendant due to her failure to repay the loan. Accordingly, the suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The evidence presented proves the defendant's outstanding liability under the loan agreement.
The evidence presented proves the defendant's outstanding liability under the loan agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹59,410.54 is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹59,410.54 with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Jyothis Mohan
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Minimoli.L
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Original loan application for Loans to Micro and Small Enterprises (MSEs) dated 04/05/2017, Original Agreement-cum-Deed of Hypothecation executed on 04/05/2017, Original Acknowledgment of Debt and Security dated 25/02/2020, Bank Statement for the period from 04/05/2017 to 22/12/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pradeep P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Renu.G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹59,410.54 with interest from the defendant.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹59,410.54/- (Rupees Fifty-Nine Thousand Four Hundred Ten and Fifty-four paise only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application for Loans to Micro and Small Enterprises (MSEs)
Submitted By:
Plaintiff
Relevance:
This document is the original loan application signed by the defendant, outlining the terms for the loan taken from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the defendant to hypothecate her assets as security for the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment executed by the defendant recognizing her debt to the plaintiff bank.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document provides a record of the transactions related to the loan account, showing the outstanding amount.
Reference:
Ext.A4
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
OS.NO.
Case Code Year
2023