Case Summary
M/s. Canara Bank filed a suit against Laljeevan C.R. for the realization of a loan amount that was not repaid. The defendant acknowledged the debt but failed to make payments despite demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.2,69,020.47 from the defendant along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness and marked exhibits established the plaintiff's claim.
The unrebutted oral testimony of the plaintiff's witness and marked exhibits established the plaintiff's claim.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.2,69,020.47/- (Rupees Two Lakh Sixty Nine Thousand and Twenty and Forty Seven Paise only) from the defendant and from his assets.
Parties Involved
Plaintiffs
Darvin.C.R. (41 years)
Josh Towers, Padamugal Colony Junction, Vazhakkala, Kakkanad.P.O., Kochi - 682 030
Defendants
Laljeevan C.R. (43 years)
Door No.XIX/9B, Puthiya Road, Vadacode.P.O., Pin - 682 021, residing at 'Thaipparambil', Karumakkad, Thrikkakara.P.O., Pin - 682 021
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize a sum of Rs.2,69,020.47/- from the defendant.
Evidence:
The plaintiff is entitled to realize a sum of Rs.2,69,020.47/- (Rupees Two Lakh Sixty Nine Thousand and Twenty and Forty Seven Paise only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of the suit.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.2,69,020.47/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,69,020.47/- 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:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application submitted by the defendant in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original Agreement cum Deed of Hypothecation executed by the defendant in favor of the plaintiff Bank.
Reference:
Ext.A2
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of Accounts of defendant’s loan account, along with certification.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt dated 26.02.2021.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt dated 12.07.2023.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 15.02.2024 sent to the defendant.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Returned postal envelope along with A/D.
Reference:
Ext.A7