Case Summary
The plaintiff, M/s. Canara Bank, is seeking to recover a total amount due from the defendant, Vishnu Raj, for loans taken for business. The defendant was set ex-parte as he did not respond to the summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff company is allowed to recover Rs.7,23,093.74 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 proved the averments of the plaint through unrebutted evidence and documents.
The plaintiff bank proved the averments of the plaint through unrebutted evidence and documents.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs.7,23,093.74 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
Vishnu Raj (34 years)
Lakshmi Sadanam, V.K.C P.O, Thevakkal, Kochi 682 021
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.7,23,093.74 with interest.
Evidence:
The plaintiff bank is entitled to realise the said amount with future interest and cost from the defendant and his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff bank is entitled to get the costs of the suit.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Document related to the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document evidencing hypothecation of machinery for the loan.
Reference:
Ext.A2
Document Type:
Letter of undertaking regarding loans
Submitted By:
Plaintiff
Relevance:
Undertaking related to the loan terms by the defendant.
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant for the loan amount.
Reference:
Ext.A4
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document related to the delivery of loan benefits to the defendant.
Reference:
Ext.A5
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
Statement showing transactions related to the loan account.
Reference:
Ext.A6
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant regarding loan default.
Reference:
Ext.A7
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Another loan application related to the defendant's finances.
Reference:
Ext.A8
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Document evidencing proprietorship of the business by the defendant.
Reference:
Ext.A9
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Request document related to additional financial facility availed by the defendant.
Reference:
Ext.A10
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the cash credit facility availed by the defendant.
Reference:
Ext.A11
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document evidencing hypothecation of assets for the cash credit loan.
Reference:
Ext.A12
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Another promissory note linked to the cash credit loan.
Reference:
Ext.A13
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Related to the delivery terms of the cash credit loan.
Reference:
Ext.A14
Document Type:
Computer printout of statement of accounts
Submitted By:
Plaintiff
Relevance:
Further statement showing account activities over time.
Reference:
Ext.A15
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another legal notice sent to the defendant regarding loan recovery.
Reference:
Ext.A16