Case Summary
Canara Bank is the plaintiff claiming outstanding loan amounts from Sri. Abdul Rahiman. K, the defendant, who defaulted on loan repayments. The bank seeks recovery of a total amount due due to non-fulfillment of loan agreement terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs.14,38,646/- to the plaintiff, with interest at the rate of 6% per annum till realization.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff and directed the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The evidence presented demonstrated that the defendant had failed to make the required loan repayments despite multiple agreements and acknowledgments of debt.
The evidence presented demonstrated that the defendant had failed to make the required loan repayments despite multiple agreements and acknowledgments of debt.
Losing Side's Weaknesses:
The evidence presented demonstrated that the defendant had failed to make the required loan repayments despite multiple agreements and acknowledgments of debt.
The evidence presented demonstrated that the defendant had failed to make the required loan repayments despite multiple agreements and acknowledgments of debt.
Supporting Evidence
The unchallenged oral testimony of PW1 very well goes to show that the defendant had availed credit facility of Rs.5,00,000/- on 26.04.2006 and subsequently enhanced the credit limit to Rs.12,00,000/-. It would further go to show that in spite of the demands from the side of plaintiff, the defendant failed to repay the balance amount and its interest.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendant is directed to pay an amount of Rs.14,38,646/- (Rupees fourteen lakh thirty eight thousand six hundred and forty six only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sri. Abdul Rahiman. K
- Party Age
- 74
- Relation
- S/o
Plaintiffs Documents
Ext. A1 - Request for Overdraft, Ext. A2 - Cash Credit agreement, Ext. A3 - Pronote, Ext. A4 - Letter of agreement, Ext. A5 - Letter of renewal...
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.K. Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Asokan Pazhur
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay an amount of Rs.14,38,646/- to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: 1. Defendant is directed to pay an amount of Rs.14,38,646/- (Rupees fourteen lakh thirty eight thousand six hundred and forty six only) to the plaintiff.
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:
2. 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.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
3. The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Request for Over draft
Submitted By:
Plaintiff
Relevance:
Part of the loan agreements showing the defendant's request for overdraft facilities.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement between the defendant and the plaintiff for the cash credit loan.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Legal note promising repayment of the loan amount.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter agreeing to repay the loan amount with interest.
Reference:
Ext.A4
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Renewal of the loan agreement indicating the ongoing liability.
Reference:
Ext.A5
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
Letter pertaining to the enhancement of credit facilities.
Reference:
Ext.A6
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
New pronote executed for additional loan amount.
Reference:
Ext.A7
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the new terms of the enhanced loan.
Reference:
Ext.A8
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Further renewal of the loan confirming the outstanding debt.
Reference:
Ext.A9
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Correspondence from the plaintiff regarding loan terms.
Reference:
Ext.A10
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Indicates a renewed agreement with updated loan terms.
Reference:
Ext.A11
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Confirms continuation of loan terms.
Reference:
Ext.A12
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledge the obligation of the defendant to repay the amount.
Reference:
Ext.A13
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Renewal indicating terms for outstanding debt.
Reference:
Ext.A14
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of further debt liability by the defendant.
Reference:
Ext.A15
Document Type:
Request for Overdraft
Submitted By:
Plaintiff
Relevance:
Formal request for additional overdraft by the defendant.
Reference:
Ext.A16
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Document establishing ownership relevant to the loan.
Reference:
Ext.A17
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Confirms terms of renewal for extended credit.
Reference:
Ext.A18
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Official document sanctioning the loan.
Reference:
Ext.A19
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
Relates to enhancement of loan conditions.
Reference:
Ext.A20
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Supplementing previous agreements with additional conditions.
Reference:
Ext.A21
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
New legally binding note for enhanced loan amount.
Reference:
Ext.A22
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for loans indicating the need for funds.
Reference:
Ext.A23
Document Type:
Request for Over draft
Submitted By:
Plaintiff
Relevance:
Request for further overdraft facilities.
Reference:
Ext.A24
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Continued agreement confirming outstanding debt.
Reference:
Ext.A25
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application submitted for micro and small enterprise loans.
Reference:
Ext.A26
Document Type:
Request for Overdraft
Submitted By:
Plaintiff
Relevance:
Further request for od facility indicating ongoing need.
Reference:
Ext.A27
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging debt owed at this time.
Reference:
Ext.A28
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Renewal for the facility confirming previous agreements.
Reference:
Ext.A29
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Designation of ownership relevant to repayments.
Reference:
Ext.A30
Document Type:
Request for Over draft
Submitted By:
Plaintiff
Relevance:
Request for additional funds indicating financial need.
Reference:
Ext.A31
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Renewal correspondence regarding repayment terms.
Reference:
Ext.A32
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Key document establishing debt liability.
Reference:
Ext.A33
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Sanction for additional loan requests.
Reference:
Ext.A34
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment confirming current debt obligations.
Reference:
Ext.A35
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for more loan funds.
Reference:
Ext.A36
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Renewal confirmation of existing loans.
Reference:
Ext.A37
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Official record of loan approval.
Reference:
Ext.A38
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Communication regarding loan details.
Reference:
Ext.A39
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Further requirement for loans.
Reference:
Ext.A40
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Confirmation of renewal terms.
Reference:
Ext.A41
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment recording the defendant’s financial liability.
Reference:
Ext.A42
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Official request for another loan.
Reference:
Ext.A43
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Confirmation of updated loan terms.
Reference:
Ext.A44
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed account summary for the plaintiff.
Reference:
Ext.A45
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Another account statement detailing loan activity.
Reference:
Ext.A46
Document Type:
True Copy of registered. Lawyer notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding outstanding debts.
Reference:
Ext.A47
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Sri. Abdul Rahiman. K regarding realisation of amount
Case Code Year
Case between Canara Bank et al vs Sri. Abdul Rahiman. K regarding realisation of amount