Case Summary
The plaintiff, Canara Bank, is seeking to recover an amount due from the defendants, M/S A.S.Bakery & Stores and Seeja.S.R, following a breach of loan agreement. The defendants failed to repay the loan amount despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,01,607/- from the defendants and their assets with applicable interests.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing recovery of the loan amount along with accrued interest. Defendants were set exparte and did not appear in court.
Why Plaintiff Won:
Plaintiff established entitlement to recover the loan amount through unchallenged evidence.
Plaintiff established entitlement to recover the loan amount through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set exparte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹3,01,607/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank (Erstwhile Syndicate Bank)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/S A.S.Bakery & Stores
- Party Age
- 44
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Seeja.S.R
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Loan Application, General Agreement, Demand Promissory Note, Guarantee Agreement, Composite Hypothecation Agreement, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover the loan amount.
Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹3,01,607/- from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover interest at the specified rate.
Evidence:
2. Plaintiff is allowed to realise interest at the rate of 12.20% per annum with monthly rests from 30/09/2023 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover future interest.
Evidence:
3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover costs of the suit.
Evidence:
4. Plaintiff is allowed to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants requesting a loan.
Reference:
Ext.A1
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
The agreement outlining the terms of the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
A note issued by the defendants promising to pay the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Agreement guaranteeing the loan by the second defendant.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for hypothecation of assets as security for the loan.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Another guarantee agreement dated later for the loan.
Reference:
Ext.A6
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Subsequent application for further financial assistance.
Reference:
Ext.A7
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
General agreement for the further loan.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Canara Bank (Erstwhile Syndicate Bank) vs M/S A.S.Bakery & Stores et al regarding realisation of money
Case Code Year
Case between Canara Bank (Erstwhile Syndicate Bank) vs M/S A.S.Bakery & Stores et al regarding realisation of money