Case Summary
M/s. Canara Bank filed a suit against Sanal Soman for the recovery of an outstanding loan amount of Rs.2,90,598.91. The defendant failed to repay the loan despite acknowledgment of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.2,90,598.91 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff bank substantiated its claims through unrebutted evidence and proper documentation.
The plaintiff bank substantiated its claims through unrebutted evidence and proper documentation.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover 2,90,598.91 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M/s. Canara Bank (Age not specified years)
Edappally Branch, Ground Floor, Pathadippalam Metro Station, Edappally, Ernakulam
Defendants
Sanal Soman (29 years)
‘Mundayil’ House, Keeroppilli, Kuttikkattukara P.O, Elookkara, Muppathadam, Eloor, Ernakulam District, Pin 683 504
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank is allowed to recover the total dues from the defendant.
Evidence:
The plaintiff bank is allowed to recover 2,90,598.91 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff bank is entitled to the costs of the suit.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the amount the defendant availed from erstwhile Syndicate Bank.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms under which the defendant borrowed money for purchasing an autorickshaw.
Reference:
Ext.A2
Document Type:
Computer print out of statement of accounts
Submitted By:
Plaintiff
Relevance:
Provides account statements related to the loan from 01.01.2012 to 13.05.2022.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Records the defendant's acknowledgment of his debt to erstwhile Syndicate Bank.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of debt from the defendant to the plaintiff bank.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant regarding his outstanding liability.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence that the registered lawyer notice sent to the defendant was returned unserved.
Reference:
Ext.A7
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Confirms the amalgamation of Syndicate Bank with Canara Bank.
Reference:
Ext.A8