Case Summary
The plaintiff, M/s. Canara Bank, filed a suit against the defendant, Remya.S, for the recovery of money due to a loan default. The defendant had taken a loan but failed to make the required repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.62,090/- with interest at the rate of 8.70% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting them the amount owed along with interest. The defendant was found liable to repay the total amount due.
Why Plaintiff Won:
The plaintiff successfully proved that the defendant was liable for the loan amount through evidence.
The plaintiff successfully proved that the defendant was liable for the loan amount through evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Evidence of PW1 coupled with Exts.A1 to A10 documents were marked. The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.62,090/- with interest at the rate of 8.70% per annum from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Canara Bank
- Relation
- represented by it’s Officer and Power of Attorney Holder of the said Branch of the Bank
- Party Role
- Defendant
- Party Name
- Remya.S
- Party Age
- 34
- Relation
- W/o Sumesh
Plaintiffs Documents
Loan Application Form, Loan Sanction Memorandum, Agreement cum deed of hypothecation, Particulars of Hypothecation, Letter of request for waiving insurance for goods under lien to the Bank, Declaration, Copy of Legal Notice, Postal Receipt, Acknowledgment Card, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff claimed recovery of Rs.62,090/- with interest from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.62,090/- (Rupees Sixty two Thousand and Ninety only) from the defendant and her assets with interest thereon at the rate of 8.70% per annum with quarterly rests, from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's claim regarding the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Supports the sanction of the loan amount to the defendant.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Defines the terms under which the loan was sanctioned and the defendant's obligations.
Reference:
Ext.A3
Document Type:
Particulars of Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the particulars regarding the hypothecated asset.
Reference:
Ext.A4
Document Type:
Letter of request for waiving insurance for goods under lien
Submitted By:
Plaintiff
Relevance:
Indicates a request related to insurance for goods hypothecated to the bank.
Reference:
Ext.A5
Document Type:
Declaration of utilization of loan amount
Submitted By:
Plaintiff
Relevance:
Declares how the loan amount was utilized by the defendant.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal demand for repayment of the outstanding loan amount.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the dispatch of the legal notice to the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2021