Case Summary
Plaintiff Canara Bank filed suit to recover money from defendants Apple Digital Hub et al. Defendants took loan from Syndicate Bank, which later merged with Canara Bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Recovery Suit
Final Judgment
No
Plaintiff entitled to receive ₹7,83,349 with interest @ 12% per annum from defendants. Costs awarded to plaintiff.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
The suit is decreed. The defendant do pay ₹7,83,349/- together with the interest @ 12% per annum from the date of the suit till realization to the plaintiff. The plaintiff is also entitled to get costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kolenchery Branch
- Party Age
- 32
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Rohit.R
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Apple Digital Hub
- Party Age
- 36
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Eldhose John
- Relation
- Partner
- Party Role
- Defendant
- Party Name
- Sabu Paul
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original of the loan application, Original sanction letter, Original demand promissory note, Original composit hypothecation agreement, Original Guarantee agreement, Original cash credit, Original acknowledgment of debt and security, Original renewal letters, Original bank account statement and certificate, Request for overdraft facilities, Authorization letter
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Y.Saju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haritha Hariharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sheeja Sheridan
- Appearance Type
- Exparte
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Decree for the payment of ₹7,83,349/- with interest to the plaintiff
Evidence:
Plaintiff provided oral and documentary evidence to establish right to recover
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original of the loan application submitted by defendants 1 and 2
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter dated 23.08.2017
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note executed by defendants
Reference:
Ext.A3
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original hypothecation agreement submitted by defendants 1 and 2
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original guarantee agreement
Reference:
Ext.A5
Document Type:
Cash credit
Submitted By:
Plaintiff
Relevance:
Original cash credit dated 24.08.2017
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security dated 24.11.2021
Reference:
Ext.A7
Document Type:
Renewal letters
Submitted By:
Plaintiff
Relevance:
Original renewal letters dated 19.12.2018 and 20.12.2018
Reference:
Ext.A8
Document Type:
Bank account statement and certificate
Submitted By:
Plaintiff
Relevance:
Original bank account statement and certificate dated 01.02.2024
Reference:
Ext.A9
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Request for overdraft facilities dated 19.12.2018
Reference:
Ext.A10
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter dated 02.07.2024
Reference:
Ext.A11
Case Classification
Case Type
Recovery Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Canara Bank, Kolenchery Branch vs Apple Digital Hub et al regarding money recovery
Case Code Year
Case between Canara Bank, Kolenchery Branch vs Apple Digital Hub et al regarding money recovery