Commercial Suit No. 76/2024

Case between Canara Bank et al vs Manoj K regarding realisation of money

Court

Commercial Court of Kozhikode

Judge

Sri.Krishnankutty.K.V

Order Date

2025-02-28

Duration

approximately-1 year 1 day

Case Closed

Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Canara Bank, represented by its manager Nishil.K, is the plaintiff seeking to recover a sum of money from the defendant Manoj K, who was absent during the proceedings. The court delivered a judgment in favor of the plaintiff after considering the submitted evidence.

Judgment Outcome

Plaintiff Won

Interim Order

The court ruled in favor of the plaintiff, ordering the defendant to pay a total of ₹12,59,847 along with 9% interest until the amount is realized. The plaintiff is also entitled to recover the costs of the suit.

Judgment Favored

Plaintiff

Relief Granted

Defendants are directed to pay the plaintiff an amount of 12,59,847 ₹ with 9% interest from the date of the suit till realisation.

Case Type

Commercial Suit

Final Judgment

Why Plaintiff Won:
The case of the plaintiff stands proved on the basis of evidence submitted.

Losing Side's Weaknesses:
The case of the plaintiff stands proved on the basis of evidence submitted.

Supporting Evidence

From the facts sworn in the affidavit as PW1 in support of Exts. A1 to A9 documents the case of the plaintiff stands proved.

Judgment Evidence:

On the basis of above, preliminary decree passed as follows: Defendants are directed to pay the plaintiff an amount of 12,59,847 ₹ /- (Rupees Twelve Lakhs Fifty Nine Thousand and Eight Hundred and Forty Seven only) with 9% interest from the date of the suit till realisation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Canara Bank
Relation: Represented by

Party Role: Plaintiff
Party Name: Nishil.K
Party Age: 34
Relation: S/o

Party Role: Defendant
Party Name: Manoj K
Party Age: 56
Relation: S/o

Plaintiffs Documents

Loan application, Sanction letter, Agreement cum deed of hypothication, Acknowledgment of debit and security, Lawyer notice with postal receipt, Postal acknowledgment card, Account statement, Non starter report.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Smt.Anitha.K
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendants are directed to pay the plaintiff an amount of 12,59,847 ₹ with 9% interest.

Evidence:

Defendants are directed to pay the plaintiff an amount of 12,59,847 ₹ /- (Rupees Twelve Lakhs Fifty Nine Thousand and Eight Hundred and Forty Seven only) with 9% interest from the date of the suit till realisation.

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiff is entitled to realise the costs of the suit.

Evidence:

Plaintiff is entitled to realise the costs of the suit.