Case Summary
This case involves Canara Bank, represented by its Manager, against Shaharudheen Kutty. The plaintiff bank filed the suit for the realisation of an outstanding loan amount due to the defendant's default in repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs. 2,79,313/- with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realise the outstanding loan amount from the defendant.
Why Plaintiff Won:
The plaintiff succeeded due to the defendant's willful default in repayment of the loan.
The plaintiff succeeded due to the defendant's willful default in repayment of the loan.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence, the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 2,79,313/- (Rupees Two Lakhs Seventy nine Thousand Three Hundred Thirteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Shaharudheen Kutty
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Agricultural Loan Application dated 16/12/2022, Loan sanction memorandum dated 16/12/2022, land tax receipt dated 04/05/2021, Advocate notice dated 16/11/2024, account statement for the period from 01/01/2021 to 02/11/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sowfiuar I
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Case between Canara Bank et al vs Shaharudheen Kutty regarding realisation of money > Case advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant with interest.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Agricultural Loan application
Submitted By:
Plaintiff
Relevance:
This document serves as the application for the loan which initiated the case.
Reference:
Ext.A1
Document Type:
Letter No.046/RRI/2022
Submitted By:
Plaintiff
Relevance:
This document is an official letter related to the agricultural loan.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt establishes the ownership of the land concerning the loan.
Reference:
Ext.A3
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This memorandum outlines the terms of the loan provided to the defendant.
Reference:
Ext.A4
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document is a legal recognition of the loan by the defendant.
Reference:
Ext.A5
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This agreement details the terms between the plaintiff and the defendant.
Reference:
Ext.A6
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter indicates the defendant's commitment regarding the loan.
Reference:
Ext.A7
Document Type:
Hypothecation Letter
Submitted By:
Plaintiff
Relevance:
This letter provides security for the loan through hypothecation.
Reference:
Ext.A8
Document Type:
Receipt of Advance Payment
Submitted By:
Plaintiff
Relevance:
This receipt provides evidence of payment towards the purchase of milched cows.
Reference:
Ext.A9
Document Type:
Sale Letter of Milched Cows
Submitted By:
Plaintiff
Relevance:
This document confirms the sale involved in the loan transaction.
Reference:
Ext.A10
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice proves that the defendant was informed of the outstanding dues.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence of the legal notice sent to the defendant.
Reference:
Ext.A12
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement shows the financial transactions related to the loan.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs Shaharudheen Kutty regarding realisation of money
Case Code Year
Case between Canara Bank et al vs Shaharudheen Kutty regarding realisation of money