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ORIGINAL SUIT No.107 OF 2018

Case between Canara Bank vs Shibu Wilson regarding realization of money

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-09-28
Duration

Judgement document from eCourt website

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Case Summary

Canara Bank is pursuing a suit against Shibu Wilson for recovery of a loan amount due to non-payment. The defendant applied for a loan to purchase a vehicle, but failed to repay the loan as agreed.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, granting them a decree for the recovery of the outstanding loan amount plus interest. The defendant was found to have defaulted on the loan repayments.
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 4,48,200/- with interest at the rate of 9.45% per annum from the date of suit till the date of realization and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved their case with cogent and reliable evidence, as the evidence provided remained unchallenged due to the defendant's failure to file a written statement.

Judgment Evidence:

In the result, the suit is decreed as follows Plaintiff is entitled to realise an amount of Rs. 4,48,200/- (Rupees Four Lakh Forty Eight Thousand and Two Hundred only) with interest at the rate of 9.45 % per annum from the date of suit till the date of realization. Plaintiff is entitled to realise the costs of the suit from the defendants.

Parties Involved

Plaintiffs

Canara Bank (Age not specified years) 112, J.C Road, Bangalore – 560 002

Defendants

Shibu Wilson (39 years) Nellikala House, P.O.Anavoor - 695124.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize an amount of Rs. 4,48,200/- with interest.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs. 4,48,200/- (Rupees Four Lakh Forty Eight Thousand and Two Hundred only) with interest at the rate of 9.45 % per annum from the date of suit till the date of realization.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The document is the application submitted by the defendant for a loan of Rs. 5,95,000/- on 10.08.2015.
Reference:
Ext.A1
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
This is the letter sanctioning the loan to the defendant dated 12.08.2015.
Reference:
Ext.A2
Document Type: Canmobile Agreement
Submitted By: Plaintiff
Relevance:
This agreement hypothecates the vehicle purchased with the bank's assistance in favor of the plaintiff bank.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This is the copy of the notice dated 24.10.2016 issued by the plaintiff to the defendant for defaulting on loan repayments.
Reference:
Ext.A4
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
This document shows the details of the loan transaction and the amount due from the defendant.
Reference:
Ext.A5

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
90%

Involved Entities

Bank

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