Case Summary
M/s.Canara Bank has filed a suit against Siraj.P.A. to recover an amount due under an overdraft facility. The defendant's repayments were irregular, prompting the bank to seek recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.33,733.98 and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to realize the owed amount along with interest and costs from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff was uncontested and established the claim.
The evidence presented by the plaintiff was uncontested and established the claim.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was uncontested and established the claim.
The evidence presented by the plaintiff was uncontested and established the claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.33,733.98 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Siraj.P.A.
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 21.01.2017, Original general agreement dated 21.01.2017, Original pay in slip dated 28.12.2017, Statement of account of defendant's overdraft credit facility.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.33,733.98 from the defendant.
Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.33,733.98...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit.
Evidence:
2. The plaintiff is entitled to realize interest @ 12 % per annum for Rs.33,733.98...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from date of decree.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.33,733.98...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendant.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendant...
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant in favor of erstwhile Syndicate Bank.
Reference:
Ext.A1
Document Type:
Original general agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of Syndicate Bank.
Reference:
Ext.A2
Document Type:
Original pay in slip
Submitted By:
Plaintiff
Relevance:
Payment made by the defendant.
Reference:
Ext.A3
Document Type:
Statement of account of defendant's overdraft credit facility
Submitted By:
Plaintiff
Relevance:
Details of the loan account along with certification.
Reference:
Ext.A4
Document Type:
Statement of account of defendant
Submitted By:
Plaintiff
Relevance:
Statement along with certification.
Reference:
Ext.A5
Document Type:
Printout of notification
Submitted By:
Plaintiff
Relevance:
Notification certifying the amalgamation of Syndicate Bank with Canara Bank.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s.Canara Bank vs Siraj.P.A. regarding realization of money
Case Code Year
Case between M/s.Canara Bank vs Siraj.P.A. regarding realization of money