Case Summary
The plaintiff, The Canara Bank, is seeking repayment of a loan amounting to Rs.1,63,887 from the defendant, Mr. Joseph Jilben, who failed to repay the loan taken for purchasing a vehicle. The case was decided in favor of the plaintiff as the defendant was absent during the trial.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.1,63,887 with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
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.1,63,887 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)
Banerji Road Branch, 41/3775 & 3779, Mariyambika Building Banerji Road, Ernakulam, Pin-682018
Defendants
Mr. Joseph Jilben (38 years)
Koodarapilly House, Thomaspuram, Maradu Post, Ernakulam, Pin-682 304
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.1,63,887/- (Rupees One lakh sixty three thousand eight hundred and eighty seven 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:
This document evidences the initial application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document establishes the security agreement for the loan provided for the vehicle.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter confirms the obligation of the defendant to repay the loan amount.
Reference:
Ext.A3
Document Type:
Letter Evidencing Execution of Documents
Submitted By:
Plaintiff
Relevance:
This document shows that the execution of essential documents took place related to the loan.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement provides the financial details of the defendant's loan account to support the plaintiff's claims.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding payment of the outstanding loan amount.
Reference:
Ext.A6
Document Type:
Certificate of Loan Papers
Submitted By:
Plaintiff
Relevance:
This certificate supports the plaintiff's case regarding the loan transaction.
Reference:
Ext.A7
Document Type:
Particulars of Vehicle Hypothecated
Submitted By:
Plaintiff
Relevance:
This document specifies the vehicle that was hypothecated as security for the loan.
Reference:
Ext.A8
Document Type:
Defendant Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant acknowledged the debt owed to the plaintiff.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The unchallenged oral testimony of the plaintiff's witness supported the claims made in the suit.
Reference: