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O.S. No.749/2018

Case between Canara Bank vs Shihad P.A. regarding Suit For Realization Of Money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-08-09
Duration
approximately-6 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendant.
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
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff established their case with unrebutted evidence and documentation of the loan agreement.
Losing Side's Weaknesses:
The plaintiff established their case with unrebutted evidence and documentation of the loan agreement.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established his case as pleaded by him.

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

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Party Role
Defendant
Party Name
Shihad P.A.
Party Age
37
Relation
S/o
Plaintiffs Documents
Sanction communication, Deed of Hypothecation, Letter of undertaking, Acknowledgment of debt and security, Office copy of legal notice, returned registered cover, statement of loan account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.T. Govindan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Antony Joseph V.
Appearance Type
Assisting Counsel

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

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 Shihad P.A. regarding Suit For Realization Of Money.
Case Code Year
Case between Canara Bank vs Shihad P.A. regarding Suit For Realization Of Money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 06/25/2018 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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