Case Summary
Canara Bank has filed a suit against Sumith R.S for the recovery of a loan amount. The defendant failed to repay the loan despite several reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹4,42,852/- with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree in favor of Canara Bank for the recovery of the loan amount owed by Sumith R.S. The defendant was found liable for failing to repay the loan.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
The plaintiff provided sufficient evidence of the loan and the defendant's failure to repay.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹4,42,852/- is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹4,42,852/- (Rupees Four Lakhs Forty-Two Thousand Eight Hundred and Fifty-Two only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Principal Officer/Branch Manager
- Party Role
- Defendant
- Party Name
- Sumith R.S
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Original Loan Application Form for Micro and Small Enterprises (MSEs), Original Sanction Memorandum, Original Agreement-cum-Deed of Hypothecation, Original Acknowledgments of Debt and Security, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Binu S.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kiran Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,42,852/- with interest.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹4,42,852/- (Rupees Four Lakhs Forty-Two Thousand Eight Hundred and Fifty-Two only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendant.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application Form for Micro and Small Enterprises
Submitted By:
Plaintiff
Relevance:
This document is the original loan application form signed by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document is the original sanction memorandum dated 25/05/2017.
Reference:
Ext.A2
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document is the original agreement executed by the defendant for hypothecation.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is the original acknowledgment dated 20/05/2020, recognizing the debt.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document is the original acknowledgment dated 13/05/2023, confirming the outstanding debt.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document is a certified bank statement for the defendant’s loan account, covering the loan period.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023