Case Summary
Canara Bank filed a suit against Abdul Latheef and Fathima Shamna seeking recovery of a loan amount due to default in repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree for repayment of loan amount with interest and costs
Case Type
Civil Suit - Loan Recovery
Final Judgment
No
The court decreed the suit in favor of Canara Bank, ordering the defendants to repay the loan amount with interest and costs.
Why Plaintiff Won:
The plaintiff bank proved its case through cogent and reliable evidence.
The plaintiff bank proved its case through cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff bank proved its case through cogent and reliable evidence.
The plaintiff bank proved its case through cogent and reliable evidence.
Supporting Evidence
The evidence adduced by the PW1 remained unchallenged, proving the plaintiff bank's case.
Judgment Evidence:
The suit is decreed as follows: To pay the plaintiff bank an amount of Rs. 7,35,098 with future interest at 9.9% per annum compounded at monthly rests on the principal sum of Rs. 7,29,391 and a penal interest of 2% per annum on Rs. 7,29,391 from the date of suit till the date of realization and cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by its Manager
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Age
- 40
- Relation
- S/o. Mohammedkutty
- Party Role
- Defendant
- Party Name
- Fathima Shamna
- Party Age
- 37
- Relation
- W/o. Abdul Latheef
Plaintiffs Documents
Loan application, Sanction Memorandum, Car Mobile Agreement, Guarantee agreement with Guarantee covering letter, Copy of lawyer Notice, Certified copy of account
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Loan Recovery
Outcome:
Granted
Description:
Decree for repayment of loan amount with interest and costs
Evidence:
The suit is decreed as follows: To pay the plaintiff bank an amount of Rs. 7,35,098 with future interest at 9.9% per annum compounded at monthly rests on the principal sum of Rs. 7,29,391 and a penal interest of 2% per annum on Rs. 7,29,391 from the date of suit till the date of realization and cost of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document detailing the terms and conditions of the loan sanctioned.
Reference:
Ext.A2
Document Type:
Car Mobile Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the hypothecation of the purchased vehicle.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the guarantee provided for the loan.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document showing the lawyer notice sent to the defendants.
Reference:
Ext.A5
Document Type:
Certified copy of account
Submitted By:
Plaintiff
Relevance:
Document representing the statement of account with entries certified under Bankers Book Evidence Act.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit - Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breach of Loan Agreement
Case Code
Case between Canara Bank vs Abdul Latheef et al regarding loan recovery
Case Code Year
Case between Canara Bank vs Abdul Latheef et al regarding loan recovery