Case Summary
The plaintiff, M/s. Canara Bank, is seeking to recover money from the defendant, Mahin.P.A., due to default on a vehicle loan. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,23,476.05/- along with interest at the specified rates.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Plaintiff established a case based on the evidence and documents provided, including the defendant's acknowledgment of debt.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.4,23,476.05/- (Rupees Four lakhs twenty three thousand four hundred and seventy six and five paise only) along with interest @12.05% per annum from 10.01.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Parties Involved
Plaintiffs
M/s. Canara Bank (Age not specified years)
Edappally Branch, Ground Floor, Pathadippalam Metro Station, Edappally, Ernakulam
Defendants
Mahin.P.A. (30 years years)
‘Peechinga Parambu’ House, Vattekkunnam, Edappally.P.O., Kochi – 682 024
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.4,23,476.05 with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,23,476.05 with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A5
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of Syndicate Bank as acknowledgment of debt.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Issued by the first defendant in favour of Syndicate Bank for the loan amount.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the first defendant in favour of Syndicate Bank for the loan collateral.
Reference:
Ext.A3
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
Shows details of the defendant's loan account.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant demanding the outstanding liability.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice that was issued.
Reference:
Ext.A9