Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, Sangeeth Kumar P.S, for recovery of a loan amount due after the defendant failed to repay it despite several demands. The defendant was set ex parte for not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs. 97,800 with 6% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed directing the defendant to pay an amount of Rs. 97,800 with interest. In default, the plaintiff can recover the amount from the defendant's assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs. 97,800 with 6% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sangeeth Kumar P.S
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
18.06.20 Loan application submitted by the defendant, 18.06.20 Sanction Memorandum, 18.06.20 Agreement cum deed of Hypothecation, 18.06.20 Demand Promissory note, 18.06.20 Letter of undertaking, 26.07.22 Acknowledgment of debt and security, 12.01.23 Lawyer notice, 01.06.24 Loan Account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saira Phiroz
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susan Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Brinta Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the outstanding loan amount with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.97,800/- (Rupees Ninty Seven thousand and Eight hundred only) with 6% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document was submitted by the defendant to apply for a Fund-based Working Capital Demand Loan.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document confirms the sanctioning of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
The defendant executed this document to secure the loan with a hypothecated vehicle.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note was executed by the defendant as a promise to repay the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
The defendant agreed to the terms and conditions set forth in this letter for the loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt and security for the loan.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendant demanding repayment of the arrears.
Reference:
Ext.A7
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding loan amount as of the date mentioned.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Sangeeth Kumar P.S regarding recovery of money
Case Code Year
Case between Canara Bank vs Sangeeth Kumar P.S regarding recovery of money