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
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.
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.
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.