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Commercial Suit No. 14/2024

Case between Canara Bank Thamarassery Branch vs Manu George et al regarding realisation of money

Court
Commercial Court
Judge
Sri.Krishnankutty.K.V
Order Date
2025-02-11
Duration
approximately-0 years 6 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Canara Bank Thamarassery Branch is the plaintiff seeking to recover a debt from the defendants Manu George and Rani George. The defendants were called absent and the case proceeded ex parte.

Judgment Outcome

Plaintiff Won
Interim Order
The court directed the defendants to pay the plaintiff an amount of ₹12,48,082 along with interest. The plaintiff is also entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay the plaintiff ₹12,48,082 with 9% interest.
Case Type
Commercial Suit
Final Judgment
No
The court directed the defendants to pay the plaintiff an amount of ₹12,48,082 along with interest. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the submitted evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the submitted evidence.
Supporting Evidence
From the facts sworn in the affidavit as PW1 in support of Ext. A1 to A21 documents the case of the plaintiff stands proved.

Judgment Evidence:

Defendants are directed to pay the plaintiff an amount of 12,48,082 ₹ /- (Rupees Twelve Lakhs Forty Eight Thousand and Eighty Two only) with 9% interest from the date of the suit till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank Thamarassery Branch
Relation
Represented by
Party Role
Defendant
Party Name
Manu George
Party Age
34
Relation
S/o.late George
Party Role
Defendant
Party Name
Rani George
Party Age
64
Relation
W/o.late George
Plaintiffs Documents
Loan applications, Loan sanction memorandums, Loan agreements, Jenmam assignment deed, Legal heirship certificate, Location certificate, Memorandum of agreement of cash, Additional security agreement, Acknowledgment of debts, Bank notice to defendants, Account statements.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.T.J.Roy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.A.T.Raju
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants are directed to pay the plaintiff an amount of 12,48,082 ₹ with interest.
Evidence:
Defendants are directed to pay the plaintiff an amount of 12,48,082 ₹ (Rupees Twelve Lakhs Forty Eight Thousand and Eighty Two only) with 9% interest from the date of the suit till realisation.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realise the costs of the suit.
Evidence:
Plaintiff is entitled to realise the costs of the suit.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
File a loan application for the first loan.
Reference:
Ext.A1
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
File a loan application for the second loan.
Reference:
Ext.A2
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
File a loan application for the third loan.
Reference:
Ext.A3
Document Type: Loan Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Sanction memorandum for the first loan.
Reference:
Ext.A4
Document Type: Loan Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Sanction memorandum for the second loan.
Reference:
Ext.A5
Document Type: Loan Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Sanction memorandum for the third loan.
Reference:
Ext.A6
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement for the first loan.
Reference:
Ext.A7
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement for the second loan.
Reference:
Ext.A8
Document Type: Mortgage executed
Submitted By: Plaintiff
Relevance:
Mortgage agreement executed.
Reference:
Ext.A9
Document Type: Jenmam assignment deed
Submitted By: Plaintiff
Relevance:
Deed of Jenmam assignment.
Reference:
Ext.A10
Document Type: Legal heirship certificate
Submitted By: Plaintiff
Relevance:
Legal heirship certificate.
Reference:
Ext.A11
Document Type: Location Certificate
Submitted By: Plaintiff
Relevance:
Certificate showing location.
Reference:
Ext.A12
Document Type: Memorandum of Agreement
Submitted By: Plaintiff
Relevance:
Memorandum regarding cash agreement.
Reference:
Ext.A13
Document Type: Additional security agreement
Submitted By: Plaintiff
Relevance:
Agreement regarding additional security.
Reference:
Ext.A14
Document Type: Acknowledgment Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt for the first loan.
Reference:
Ext.A15
Document Type: Acknowledgment Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt for the second loan.
Reference:
Ext.A16
Document Type: Acknowledgment Debt
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt for the third loan.
Reference:
Ext.A17
Document Type: Bank Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the defendants.
Reference:
Ext.A18
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement for a specific account.
Reference:
Ext.A19
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement for another account.
Reference:
Ext.A20
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement for a third account.
Reference:
Ext.A21

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 Thamarassery Branch vs Manu George et al regarding realisation of money
Case Code Year
Case between Canara Bank Thamarassery Branch vs Manu George et al regarding realisation of money

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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