Case Summary
The plaintiff, Canara Bank, is seeking repayment of a loan amount from the defendants, M/S Mahima Supermarket and its proprietor, Jadheer Ahammed. The defendants defaulted on the loan despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.10,47,292.22 to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit directing the defendants to pay a total amount of Rs.10,47,292.22 to the plaintiff with interest. The defendants failed to appear in court and were set ex-parte.
Why Plaintiff Won:
The defendants defaulted on the repayment of the loan despite repeated demands.
The defendants defaulted on the repayment of the loan despite repeated demands.
Losing Side's Weaknesses:
The defendants defaulted on the repayment of the loan despite repeated demands.
The defendants defaulted on the repayment of the loan despite repeated demands.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with Exts. A1 series to A12 documents very well shows that the defendants failed to repay the loan amount with interest to plaintiff and now an amount of Rs.10,47,292.22 is due from the defendants to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay an amount of Rs.10,47,292.22 (rupees ten lakh forty seven thousand two hundred ninety two and twenty two paise only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Jini. K.B.
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M/S.Mahima Supermarket
- Party Age
- 25
- Party Role
- Defendant
- Party Name
- Jadheer Ahammed.K.T
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Loan application, sanction letter, cash credit agreement, pronote, letter of undertaking, request for overdraft facilities, registered lawyer notices, statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Beenakumari. A.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the outstanding amount of Rs.10,47,292.22 to the plaintiff.
Evidence:
the suit is decreed directing the defendants to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
the plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application submitted by the second defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document confirming the sanction of working capital limit.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the second defendant regarding the cash credit facility.
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking letter regarding loans and advances.
Reference:
Ext.A5
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Document requesting overdraft facilities.
Reference:
Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Series of notices sent to the second defendant regarding the loan repayment.
Reference:
Ext.A7 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Series of acknowledgment cards related to the notices sent.
Reference:
Ext.A8 series
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the financial statement of the defendants' loan account.
Reference:
Ext.A9
Document Type:
Statement of Interest
Submitted By:
Plaintiff
Relevance:
Document showing the statement of interest charged on the loan.
Reference:
Ext.A10
Document Type:
RLLR clause
Submitted By:
Plaintiff
Relevance:
Clause related to the loan agreement.
Reference:
Ext.A11
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Report issued by the District Legal Services Authority regarding the mediation process.
Reference:
Ext.A12
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs M/S Mahima Supermarket et al regarding realisation of amount
Case Code Year
Case between Canara Bank et al vs M/S Mahima Supermarket et al regarding realisation of amount