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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiff adduced evidence in tune with the averments in the plaint. The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

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

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Party Role
Defendant
Party Name
Shibu Wilson
Party Age
39
Relation
S/o
Plaintiffs Documents
Loan application dated 10.08.2015, Loan Sanction Letter dated 12.08.2015, Canmobile Agreement dated 12.08.2015, Copy of lawyer notice dated 24.10.2016, Copy of statement of accounts showing the details of the loan transaction.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.M.Venugopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Sreekala.K.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Vinida.P.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Nissam Thayyil
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Shibu Wilson regarding realization of money
Case Code Year
Case between Canara Bank vs Shibu Wilson regarding realization of money

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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