Case Summary
The plaintiff, Canara Bank, seeks repayment of an outstanding loan amount from the defendant, Annamma Sunny. The defendant defaulted on repayments, leading to the bank filing a suit for realization of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.6,42,338.03/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The unrebutted evidence established the defendant's liability to the plaintiff.
The unrebutted evidence established the defendant's liability to the plaintiff.
Losing Side's Weaknesses:
The unrebutted evidence established the defendant's liability to the plaintiff.
The unrebutted evidence established the defendant's liability to the plaintiff.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by plaintiff. ...the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.6,42,338.03/- from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Annamma Sunny
- Relation
- Proprietor of M/s. Score Sales and Services
Plaintiffs Documents
Original sanction letter dated 01.12.2020, Original demand promissory note dated 01.12.2020, Original cash credit agreement dated 01.12.2020, Original letter of renewal dated 27.02.2022, Original sanction communication dated 27.02.2022, Copy of lawyer's notice dated 13.01.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U. Jayakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammad Shamed K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.6,42,338.03 from the defendant.
Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.6,42,338.03/-.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at 12% per annum from the date of the suit.
Evidence:
2. The plaintiff is entitled to realize interest @ 12 % per annum for Rs.6,42,338.03/-.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at 6% per annum from the date of decree till realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.6,42,338.03/- from date of decree till date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendant.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Provides evidence of the loan sanction to the defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as security for the loan amount.
Reference:
Ext.A2
Document Type:
Original Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the cash credit facility extended to the defendant.
Reference:
Ext.A3
Document Type:
Original Letter of renewal
Submitted By:
Plaintiff
Relevance:
Indicates the renewal of the loan facility.
Reference:
Ext.A4
Document Type:
Original Sanction Communication
Submitted By:
Plaintiff
Relevance:
Communicates the terms agreed upon for the loan.
Reference:
Ext.A5
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of formal communication regarding the loan default.
Reference:
Ext.A6
Document Type:
Printout of extract or working capital loan account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance and details of the defendant’s loan account.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank, Kadavanthra branch, Ernakulam et al vs Annamma Sunny regarding realization of money.
Case Code Year
Case between Canara Bank, Kadavanthra branch, Ernakulam et al vs Annamma Sunny regarding realization of money.