Case Summary
The plaintiff, Canara Bank, seeks to recover a loan amount of Rs. 7,08,401/- from the defendants for a credit facility granted for a textile business. The defendants failed to repay the loan despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹7,08,401/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest. The suit was decreed with costs awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff convincingly proved the existence of the debt through its Manager's unchallenged testimony.
The plaintiff convincingly proved the existence of the debt through its Manager's unchallenged testimony.
Losing Side's Weaknesses:
The plaintiff convincingly proved the existence of the debt through its Manager's unchallenged testimony.
The plaintiff convincingly proved the existence of the debt through its Manager's unchallenged testimony.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹7,08,401/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Nishad.S
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathima
Plaintiffs Documents
Loan Application dated 03/08/2013, Composite Hypothecation Agreement dated 03/08/2013, Acknowledgment of Debt and Security dated 10/01/2020, Acknowledgment of Debt and Security dated 22/09/2022, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreena.L.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹7,08,401/- from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹7,08,401/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 12.20% per annum with monthly rests from 01/10/2024 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 12.20% per annum with monthly rests from 01/10/2024 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize future interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit from the defendant and her assets.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the defendants, dated 03/08/2013, which forms the basis of the loan agreement.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan granted to the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document, dated 10/01/2020, serves as an acknowledgment of the debt agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document, dated 22/09/2022, is another acknowledgment of the debt by the defendants.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the details of the amounts due to the plaintiff from the defendants.
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
Non-payment of rent
Case Code
Case between Canara Bank vs Nishad.S et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Nishad.S et al regarding realisation of money