Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Raj Mohan, for the realization of a loan amount. The defendant had taken a loan for purchasing equipment for a diagnostic laboratory but failed to repay it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 7,68,170.14/- together with interest at the rate of 6 % per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount with interest. The defendant was found to be in default on repayments.
Why Plaintiff Won:
The plaintiff presented sufficient evidence and the claim was within the limitation period.
The plaintiff presented sufficient evidence and the claim was within the limitation period.
Losing Side's Weaknesses:
The plaintiff presented sufficient evidence and the claim was within the limitation period.
The plaintiff presented sufficient evidence and the claim was within the limitation period.
Supporting Evidence
By producing Exts. A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff. The suit is filed within the limitation period also.
Judgment Evidence:
In the result, The plaintiff is entitled to realise an amount of Rs. 7,68,170.14/- together with interest at the rate of 6 % per annum from the date of the suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Branch Manager, Gokuldev. Y
- Party Role
- Defendant
- Party Name
- Raj Mohan. S
- Party Age
- 57
Plaintiffs Documents
Pradhan Mantri Mudra Yojana loan application form (Ext.A1), Sanction letter (Ext.A2), Acknowledgment of debt and security (Ext.A3), Agreement cum deed of hypothecation (Ext.A4), Office copy of demand notice (Ext.A5), Office copy of legal notice (Ext.A6), Acknowledgment card (Ext.A7), Postal receipt (Ext.A8), Statement of account for the period from 16/11/2019 to 03/01/2023 (Ext.A9)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh K. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount due from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs. 7,68,170.14/- together with interest at the rate of 6 % per annum from the date of the suit till the realization from the defendant and his assets.
Documents & Evidence
Document Type:
Pradhan Mantri Mudra Yojana loan application form
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document showing that the loan was sanctioned by the bank.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document where the defendant acknowledged the debt and security details.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document detailing the hypothecation of the laboratory equipment.
Reference:
Ext.A4
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
Document evidencing that a demand notice was sent to the defendant.
Reference:
Ext.A5
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Document showing that a legal notice was served to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document evidencing the receipt of the legal notice by the defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document showing proof of dispatch of the legal notice.
Reference:
Ext.A8
Document Type:
Statement of account for the period
Submitted By:
Plaintiff
Relevance:
Document detailing the account statements relevant to the loan.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Raj Mohan regarding realization of money
Case Code Year
Case between Canara Bank vs Raj Mohan regarding realization of money