Case Summary
This case involves Canara Bank seeking to recover a loan amount from Sri. Rajesh K.K, who failed to repay the loan. The bank claims that the defendant owes a total of ₹5,29,121.06.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹5,29,121.06 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay ₹5,29,121.06 with interest at 6% per annum. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The case of the plaintiff stands proved with uncontested evidence.
The case of the plaintiff stands proved with uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved with uncontested evidence.
The case of the plaintiff stands proved with uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 5,29,121.06/- (Rupees five lakhs twenty nine thousand one hundred and twenty one and zero six paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Danny Babu
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Rajesh K.K
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Application form for loans, Quotation, Sanction letter, Letter of undertaking, Deed of hypothecation, Office copy of lawyer notice, Acknowledgment of debt and security (multiple dates), Computer print out of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V. Prakasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.B. Shrilatha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay to the plaintiff an amount of 5,29,121.06/- with interest.
Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 5,29,121.06/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Application form for loans
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the defendant availed a loan from the plaintiff.
Reference:
Ext.A1
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
This document provides details related to the loan agreement.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the approval of the loan to the defendant.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon by the defendant regarding the loan.
Reference:
Ext.A4
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the loan against assets.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal notice issued to the defendant regarding the loan default.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves that the notice was sent to the defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the debt by the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document reaffirms the defendant's acknowledgment of the debt.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves to reaffirm the debt acknowledgment by the defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment of debt and security dated
Submitted By:
Plaintiff
Relevance:
This document provides a dated acknowledgment of the debt by the defendant.
Reference:
Ext.A11
Document Type:
Computer print out of statement of account for the period from 01.01.2010 to 30.09.2024
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account statement reflecting the amounts owed by the defendant.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sri. Rajesh K.K regarding recovery of loan amount.
Case Code Year
Case between Canara Bank vs Sri. Rajesh K.K regarding recovery of loan amount.