Case Summary
The plaintiff, CANARA BANK, filed a suit against Amma Textiles and its proprietor, Viji Ajayan, for the recovery of a loan amounting to Rs.4,85,636 due to default in payments. The case involves evidence regarding the loan agreement and the defendants' acknowledgment of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay Rs.4,85,636 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay the plaintiff Rs.4,85,636 along with interest for the defaulted loan. If the amount is not paid, the plaintiff may recover it from the defendants' assets.
Why Plaintiff Won:
The plaintiff's claim was supported by uncontested evidence, leading the court to rule in its favor.
The plaintiff's claim was supported by uncontested evidence, leading the court to rule in its favor.
Losing Side's Weaknesses:
The plaintiff's claim was supported by uncontested evidence, leading the court to rule in its favor.
The plaintiff's claim was supported by uncontested evidence, leading the court to rule in its favor.
Supporting Evidence
The PW1 has deposed in tune with plaint averments. I am of the opinion that the case of the plaintiff stands proved by the uncontested evidence of PW1. There is nothing to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 4,85,636/- (Rupees four lakhs eighty five thousand six hundred and thirty six only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- CANARA BANK
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Amma Textiles
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Viji Ajayan
Plaintiffs Documents
Loan Application form, Sanction Memorandum, Agreement cum Deed of hypothecation, Acknowledgment of debt and security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Sunilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff an amount of Rs.4,85,636/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 4,85,636/- (Rupees four lakhs eighty five thousand six hundred and thirty six only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was submitted by the plaintiff to evidence the application for the loan.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document provides proof of the sanctioning of the loan by the plaintiff.
Reference:
Ext.A2
Document Type:
Agreement cum Deed of Hypothication
Submitted By:
Plaintiff
Relevance:
This document outlines the security agreement related to the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document shows the acknowledgment of the debt by the defendant.
Reference:
Ext.A4
Document Type:
Application form for loans
Submitted By:
Plaintiff
Relevance:
This document serves as additional evidence of the loan application process.
Reference:
Ext.A5
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This is another sanction memorandum related to a loan for the defendant.
Reference:
Ext.A6
Document Type:
Agreement cum Deed of Hypothication
Submitted By:
Plaintiff
Relevance:
This document is another security agreement associated with the loan.
Reference:
Ext.A7
Document Type:
Particulars of Vehicles
Submitted By:
Plaintiff
Relevance:
This document provides details regarding vehicles related to the loan.
Reference:
Ext.A8
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
This document serves as physical evidence tied to loan-related correspondence.
Reference:
Ext.A9
Document Type:
Computer Printout of account statement
Submitted By:
Plaintiff
Relevance:
This statement shows transactions related to the loan over a specified period.
Reference:
Ext.A10
Document Type:
Computer Printout of account statement
Submitted By:
Plaintiff
Relevance:
This document documents the account statement for another relevant period.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between CANARA BANK vs Amma Textiles et al regarding realisation of money
Case Code Year
Case between CANARA BANK vs Amma Textiles et al regarding realisation of money