Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount from the defendant, Shihad P.A. The defendant defaulted on a loan taken to purchase an autorickshaw and failed to respond to legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 1,71,532/- from the defendant and interest as specified.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case with unrebutted evidence and documentation of the loan agreement.
The plaintiff established their case with unrebutted evidence and documentation of the loan agreement.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs. 1,71,532/- from the defendant and from his assets.
Parties Involved
Plaintiffs
Canara Bank (Age not specified years)
Vyttila Branch, Ernakulam
Defendants
Shihad P.A. (37 years)
20/3072 (old No.18/544), Thaikkattil, Palluruthy, Kochi-682006
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs. 1,71,532 from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs. 1,71,532/- (Rupees One lakh seventy one thousand five hundred and thirty two) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum from the date of suit.
Evidence:
2. The Plaintiff is entitled to realize interest @ 12% per annum for Rs. 1,71,532/- (Rupees One lakh seventy one thousand five hundred and thirty two) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum from the date of decree until realization.
Evidence:
3. The Plaintiff is entitled to realize interest @ 6% per annum for Rs. 1,71,532/- (Rupees One lakh seventy one thousand five hundred and thirty two) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Sanction Communication
Submitted By:
Plaintiff
Relevance:
Acknowledged by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by the defendant.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Executed by the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
By the defendant.
Reference:
Ext.A4
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Sent to the defendant.
Reference:
Ext.A5
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
Received from the defendant.
Reference:
Ext.A6
Document Type:
Computer statement of account
Submitted By:
Plaintiff
Relevance:
Statement of loan account accepted and admitted in evidence.
Reference:
Ext.A7