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O.S No. 1347/2024

Case between Canara Bank et al vs M/s Muscle Factory Gym et al regarding money recovery

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-29
Duration
approximately-6 years 7 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Canara Bank, filed a suit against M/s Muscle Factory Gym and its proprietor for recovery of a loan amount due. The defendants failed to repay the loan despite being served notices and have been classified as a non-performing asset.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendants to pay the outstanding loan amount along with interest. The defendants were found liable for the loan amount due to failure to repay and absence in court.
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay an amount of 9,36,322.78/- with 9% interest per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendants to pay the outstanding loan amount along with interest. The defendants were found liable for the loan amount due to failure to repay and absence in court.
Why Plaintiff Won:
The unchallenged proof affidavit and documentation submitted by the plaintiff satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documentation submitted by the plaintiff satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed, except the interest part which is allowed reasonably.

Judgment Evidence:

In the result, The suit is decreed directing the defendants to pay an amount of 9,36,322.78/- (Rupees Nine Lakhs Thirty-Six Thousand Three Hundred and Twenty-Two and Paise Seventy-Eight only), with 9% interest per annum from the date of suit till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Party Role
Plaintiff
Party Name
Danny Babu
Party Age
32
Relation
S/o
Party Role
Plaintiff
Party Name
Sunil S
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
M/s Muscle Factory Gym
Party Role
Defendant
Party Name
Jishnu J
Party Age
29
Relation
S/o
Plaintiffs Documents
Original Application for Pradhan Mantri Mudra Yojana loan, Original letter of Sanction, Original letter of undertaking, Original deed of Hypothecation Re-machinery, Original request letter, Original acknowledgment of Debt, Office copy of lawyer notice, Postal receipt of the notice issued to the 1st defendant, Postal receipt of the notice issued to the 2nd defendant, A/d card of the notice issued to the 1st defendant, A/d card of the notice issued to the 2nd defendant, True copy of the account statement
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.V.Prakasan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A.B.Shrilatha
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff requested recovery of the outstanding loan amount.
Evidence:
The suit is decreed directing the defendants to pay an amount of 9,36,322.78/- (Rupees Nine Lakhs Thirty-Six Thousand Three Hundred and Twenty-Two and Paise Seventy-Eight only), with 9% interest per annum from the date of suit till realisation.

Documents & Evidence

Document Type: Original Application for Pradhan Mantri Mudra Yojana loan
Submitted By: Plaintiff
Relevance:
Document supporting the loan application by the defendants.
Reference:
Ext.A1
Document Type: Original letter of sanction
Submitted By: Plaintiff
Relevance:
Document that provides evidence of the approved loan amount.
Reference:
Ext.A2
Document Type: Original letter of undertaking
Submitted By: Plaintiff
Relevance:
Document detailing the terms of the loan agreement.
Reference:
Ext.A3
Document Type: Original deed of Hypothecation Re-machinery
Submitted By: Plaintiff
Relevance:
Document that secures the loan against machinery.
Reference:
Ext.A4
Document Type: Original request letter
Submitted By: Plaintiff
Relevance:
Document showing the request for disbursal of the loan.
Reference:
Ext.A5
Document Type: Original request letter
Submitted By: Plaintiff
Relevance:
Document showing the subsequent request for loan disbursal.
Reference:
Ext.A6
Document Type: Original acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Document acknowledging the outstanding loan liability.
Reference:
Ext.A7
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
Document evidencing the demand for repayment of the loan.
Reference:
Ext.A8
Document Type: Postal receipt of the notice issued to the 1st defendant
Submitted By: Plaintiff
Relevance:
Document confirming the delivery of the notice to the first defendant.
Reference:
Ext.A9(a)
Document Type: Postal receipt of the notice issued to the 2nd defendant
Submitted By: Plaintiff
Relevance:
Document confirming the delivery of the notice to the second defendant.
Reference:
Ext.A9(b)
Document Type: A/d card of the notice issued to the 1st defendant
Submitted By: Plaintiff
Relevance:
Document verifying acknowledgment of receipt of notice by the first defendant.
Reference:
Ext.A10(a)
Document Type: A/d card of the notice issued to the 2nd defendant
Submitted By: Plaintiff
Relevance:
Document verifying acknowledgment of receipt of notice by the second defendant.
Reference:
Ext.A10(b)
Document Type: True copy of the account statement
Submitted By: Plaintiff
Relevance:
Document evidencing the outstanding loan amount.
Reference:
Ext.A11

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs M/s Muscle Factory Gym et al regarding money recovery
Case Code Year
Case between Canara Bank et al vs M/s Muscle Factory Gym et al regarding money recovery

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 06/29/2019 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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