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ORIGINAL SUIT No. 42 OF 2018

Case between Canara Bank, By its Manager vs Sulfikar Shafi regarding realisation of money

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Smt.NIMMI.K.K.
Order Date
2019-03-21
Duration

Judgement document from eCourt website

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Case Summary

The plaintiff, Canara Bank, is seeking repayment of a loan given to the defendant, Sulfikar Shafi, for starting a bakery business. The defendant defaulted on repaying the loan, leading the bank to file this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, directing the defendant to pay the outstanding loan amount with interest.
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 7,07,710 /- with future interest at 9.95% per annum.
Case Type
Original Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff bank proved its case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 7,07,710 /- (Rupees seven lakh seven thousand seven hundred and ten only) with future interest at 9.95% per annum.

Parties Involved

Plaintiffs

Canara Bank, By its Manager (Age not specified years)

Defendants

Sulfikar Shafi (27 years years) Kanakkassery House, Naduvattom amsom, Pazhur Post, Tirur Taluk

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Recovery of an amount of Rs. 7,07,710/- from the defendant with interest.
Evidence:
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 7,07,710 /- (Rupees seven lakh seven thousand seven hundred and ten only) with future interest at 9.95% per annum with monthly rests.
Relief Type: Other
Outcome: Granted
Description:
Payment of costs of the suit to the plaintiff.
Evidence:
The defendants shall pay the costs of the suit to the plaintiff.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Executed application for a loan dated 26-02-2015 for financial assistance.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Document sanctioning the loan facility dated 26-02-2015.
Reference:
Ext.A2
Document Type: Agreement cum deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Deed executed for Rs. 8,55,000/- which hypothicates the purchased machineries.
Reference:
Ext.A3
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Letter regarding loans/advances dated 26-02-2015 executed in favor of the bank.
Reference:
Ext.A4
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Registered lawyer notice sent to the defendant on 22-01-2018 for amount due.
Reference:
Ext.A5
Document Type: Unclaimed Cover
Submitted By: Plaintiff
Relevance:
Returned notice indicating non-acceptance by the defendant.
Reference:
Ext.A5(a)
Document Type: Copy of Ledger Extract
Submitted By: Plaintiff
Relevance:
Certified copy showing the account details and amounts due from the defendant.
Reference:
Ext.A6

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
100%

Involved Entities

Bank

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