Case Summary
Canara Bank filed a suit against Rekha M.P for the realization of a loan amounting to Rs. 13,04,924/- due to default in payment. The court found the plaintiff's claims substantiated by evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs. 13,04,924/- with interest.
Case Type
Commercial Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs. 13,04,924/- with interest for the loan default.
Why Plaintiff Won:
The evidence adduced by the plaintiff stands unchallenged.
The evidence adduced by the plaintiff stands unchallenged.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff stands unchallenged.
The evidence adduced by the plaintiff stands unchallenged.
Supporting Evidence
The evidence adduced by plaintiff stands unchallenged. From the unrebutted testimony of PW1 and PW2 coupled with Exts. A1 to A11, it is found that the plaint claim stands proved.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.13,04,924/- (Rupees thirteen lakhs four thousand nine hundred and twenty four only) with interest at the rate of 11.50% per annum from the date of institution of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank Branch-II
- Party Role
- Defendant
- Party Name
- Rekha. M.P
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Loan Application, Sanction Memorandum, Receipt, Composite Hypothecation Agreement, Acknowledgment of debt, Lawyer Notice, Postal receipt, Bank Account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K.L. Sreedevi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the outstanding loan amount along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: 1)The defendant is directed to pay to the plaintiff, an amount of Rs.13,04,924/- (Rupees thirteen lakhs four thousand nine hundred and twenty four only) with interest at the rate of 11.50% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs from the defendant.
Evidence:
2)The plaintiff is entitled to realize costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application was submitted as part of the evidence supporting the loan granted by the plaintiff to the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
The sanction memorandum outlines the terms of the loan that was sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
The receipt acknowledges the transaction related to the loan amount.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt further confirms the payment related to the loan.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
The hypothecation agreement details the collateral for the loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt owed by the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Further acknowledgment confirming the defendant's debt.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This acknowledgment reconfirms the debt.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of the outstanding debt.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice serves as a formal communication regarding the overdue payment.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A10(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card received confirming receipt of the lawyer notice.
Reference:
Ext.A10(b)
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
The account statement details the outstanding balance due from the defendant as of the specified date.
Reference:
Ext.A11
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank Branch-II vs Rekha. M.P regarding realization of money
Case Code Year
Case between Canara Bank Branch-II vs Rekha. M.P regarding realization of money