Case Summary
The plaintiff, Canara Bank, represents a loan case against the defendant, Abhin, who availed a loan of Rs.10,00,000 but failed to repay it as agreed. The bank seeks to recover Rs.13,40,094.46 from the defendant along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.13,40,094/- with interest and costs.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit, directing the defendant to pay Rs.13,40,094 along with interest to the plaintiff. Costs of the suit are also to be recovered from the defendant.
Why Plaintiff Won:
The evidence adduced by the plaintiff was unchallenged and the claim was found to be proved.
The evidence adduced by the plaintiff was unchallenged and the claim was found to be proved.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was unchallenged and the claim was found to be proved.
The evidence adduced by the plaintiff was unchallenged and the claim was found to be proved.
Supporting Evidence
The evidence adduced by plaintiff stands unchallenged. From the unrebutted testimony of PW1 coupled with Exts. A1 to A4, 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.13,40,094/- (Rupees thirteen lakhs forty thousand and ninety four only) with interest at the rate of 9.15% 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abhin
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Sanction letter dated 07.01.2022, Cash credit agreement dated 07.01.2022, Nonstarter report dated 19.02.2025, Attested copy of account statement dated 20.12.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreehari.P.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Manu.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay to the plaintiff, an amount of Rs.13,40,094/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of Rs.13,40,094/- (Rupees thirteen lakhs forty thousand and ninety four only) with interest at the rate of 9.15% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Costs
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:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The sanction letter dated 07.01.2022 executed by plaintiff bank in favour of the defendant.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
The cash credit agreement dated 07.01.2022 executed by the defendant in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Nonstarter Report
Submitted By:
Plaintiff
Relevance:
The nonstarter report dated 19.02.2025 executed by District Legal Services Authority, Koyilandy in favour of plaintiff bank and defendant.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The attested copy of the statement of accounts maintained by the defendant before plaintiff bank.
Reference:
Ext.A4
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of Loan
Case Code
Case between Canara Bank vs Abhin regarding realization of money
Case Code Year
Case between Canara Bank vs Abhin regarding realization of money