Case Summary
The plaintiff is Canara Bank represented by its Manager seeking to recover a loan amount from the defendant, Lineesh, who failed to repay the loan obtained for business purposes. The case involves a suit for realization of money due from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.15,70,745/- with interest at the rate of 11.25% per annum till realization and costs of the suit.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
The plaint claim stands proved based on the unrebutted testimony of the plaintiff’s witness and the documentary evidence presented.
The plaint claim stands proved based on the unrebutted testimony of the plaintiff’s witness and the documentary evidence presented.
Losing Side's Weaknesses:
The plaint claim stands proved based on the unrebutted testimony of the plaintiff’s witness and the documentary evidence presented.
The plaint claim stands proved based on the unrebutted testimony of the plaintiff’s witness and the documentary evidence presented.
Supporting Evidence
The evidence adduced by plaintiff stands unchallenged. From the unrebutted testimony of PW1 coupled with Exts. A1 to A3, it is found that the plaint claim stands proved and the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.15,70,745/- with interest at the rate of 11.25% per annum from the date of institution of the suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Koothali Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Lineesh
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Agreement cum deed of hypothecation, Acknowledgment of Debt, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P. Sasidharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vishnu Narayanan. M.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount including interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of Rs.15,70,745/- (Rupees fifteen lakhs seventy thousand seven hundred and forty five only) with interest at the rate of 11.25% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by defendant regarding the loan facility.
Reference:
Ext.A1
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Defendant admitting the then liability.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
Case between Canara Bank, Koothali Branch vs Lineesh regarding realization of money
Case Code Year
Case between Canara Bank, Koothali Branch vs Lineesh regarding realization of money