Case Summary
This case involves The Canara Bank Thamarassery Branch seeking to recover a monetary amount from M/s. Summer Scoop. The defendants were called absent and set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay the plaintiff an amount of 11,00,301₹ with 9% interest from the date of the suit till realisation.
Case Type
Commercial Suit
Final Judgment
No
The court found in favor of the plaintiff and directed the defendant to pay a specific amount 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 facts sworn in the affidavit.
The case of the plaintiff stands proved based on the facts sworn in the affidavit.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the facts sworn in the affidavit.
The case of the plaintiff stands proved based on the facts sworn in the affidavit.
Supporting Evidence
From the facts sworn in the affidavit as PW1 in support of Ext. A1 to A9 the case of the plaintiff stands proved.
Judgment Evidence:
On the basis of above, preliminary decree passed as follows: 1. Defendant is directed to pay the plaintiff an amount of 11,00,301₹ with 9% interest from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Canara Bank Thamarassery Branch
- Party Role
- Defendant
- Party Name
- M/s. Summer Scoop
- Party Age
- 41
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- SAMEER
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Original of the Loan Application, Sanction Letter, Request for Overdraft Facilities, Agreement Cum Deed of Hypothecation, Deed of Hypothecation Machinery, Cash Credit Agreement, Letter of Undertaking, Online Print Outs of True Extracts of loan Accounts.
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
- Party Role
- Defendant
- Advocate Name
- Sri.Rafthas.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay the plaintiff an amount of 11,00,301 ₹ (Rupees Eleven Lakhs Three Hundred and One only) with 9% interest from the date of the suit till realisation.
Evidence:
On the basis of above, preliminary decree passed as follows: Defendant is directed to pay the plaintiff an amount of 11,00,301 ₹ (Rupees Eleven Lakhs Three Hundred and One only) with 9% interest from the date of the suit till realisation.
Relief Type:
Other
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:
Original of the Loan Application Signed by the defendant No-2 for availing Loan from the Plaintiff Bank.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original of the Sanction Letter issued by the Plaintiff Bank to the defendants and signed by the defendants.
Reference:
Ext.A2
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Original of the Request for Overdraft Facilities executed by defendants infavour of the plaintiff Bank signed by the defendant No-2.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original of the Agreement Cum Deed of Hypothecation executed by defendants infavour of the plaintiff Bank.
Reference:
Ext.A4
Document Type:
Deed of Hypothecation Machinery
Submitted By:
Plaintiff
Relevance:
Original of the Deed of Hypothecation Machinery executed by defendants infavour of the plaintiff Bank.
Reference:
Ext.A5
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Original of the Cash Credit Agreement executed by the defendants infavour of the plaintiff Bank.
Reference:
Ext.A6
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original Letter of Undertaking of the defendants executed infavour of the Plaintiff bank.
Reference:
Ext.A7
Document Type:
Online Print Out of the True Extract of loan Account
Submitted By:
Plaintiff
Relevance:
Online Print Out of the True Extract of loan Account No-125002015435 showing principal amount and interest as per the Computer system kept by the Plaintiff Bank for the period from 05-05-2022 to 29-02-2024 as per law.
Reference:
Ext.A8
Document Type:
Online Print Out of the True Extract of loan Account
Submitted By:
Plaintiff
Relevance:
Online Print Out of the True Extract of loan Account No-170004675752 showing principal amount and interest as per the Computer system kept by the Plaintiff Bank for the period from 05-05-2022 to 05-03-2024 as per law.
Reference:
Ext.A9
Case Classification
Case Type
Commercial Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between The Canara Bank Thamarassery Branch vs M/s. Summer Scoop regarding realisation of money
Case Code Year
Case between The Canara Bank Thamarassery Branch vs M/s. Summer Scoop regarding realisation of money