Case Summary
The plaintiff, Canara Bank, sanctioned a loan to the defendant, Vishnu.V.R, which he failed to repay. The case was heard ex parte after the defendant did not respond.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹69,824/- from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for recovery of the loan amount along with interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence regarding the loan amount owed by the defendant.
The plaintiff provided unchallenged evidence regarding the loan amount owed by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹69,824/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vishnu.V.R
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Loan Application, Agreement of Hypothecation, Acknowledgment of Debt and Security, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover the defaulted loan amount from the defendant.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of Rs.69,824/- with future agreed interest at the prevailing interest rate of 10.95% per annum with monthly rest from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is granted interest on the loan amount from a specified date.
Evidence:
Plaintiff is allowed to realise interest at the rate of 10.95% per annum with monthly rests from 01/10/2021 till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
The plaintiff is granted future interest on the loan amount.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is allowed to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant to request a loan.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the security agreement for the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document indicates the defendant's acknowledgment of the debt.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a record of the account balance and transactions related to the loan.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Vishnu.V.R regarding realisation of money.
Case Code Year
Case between Canara Bank vs Vishnu.V.R regarding realisation of money.