O.S No. 14/2023

Case between Canara Bank vs Anna Granites and Tiles et al regarding recovery of money

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-03-15
Duration
approximately-6 years 6 months
Case Closed

Judgement document from eCourt website

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Case Summary

Canara Bank filed a suit against Anna Granites and Tiles and its proprietor Shibu P.B for recovery of a loan amount. The defendants failed to repay the loan, leading to the suit for recovery of the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendants to pay an amount of Rs.4,85,456/- with interest. The plaintiff was also awarded costs.
Judgment Favored
Plaintiff
Relief Granted
Defendants jointly and severally to pay Rs.4,85,456/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay an amount of Rs.4,85,456/- with interest. The plaintiff was also awarded costs.
Why Plaintiff Won:
The defendants failed to repay the loan despite a legal notice and were set ex parte.
Losing Side's Weaknesses:
The defendants failed to repay the loan despite a legal notice and were set ex parte.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.

Judgment Evidence:

In the result, the suit is decreed directing the defendants, severally and jointly to pay an amount of Rs.4,85,456/-, with 10% interest per annum from the date of suit (ie, from 5.1.2023) till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Relation
represented by the Manager
Party Role
Defendant
Party Name
Anna Granites and Tiles
Relation
Proprietor
Party Role
Defendant
Party Name
Shibu P.B
Party Age
49
Relation
S/o
Plaintiffs Documents
True copy of the General Power of Attorney, Authorization letter, Original loan application executed by 1st defendant, Original deed agreement cum deed of hypothecation.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Srinath S.Subramanian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreelakshmi R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswany Ujwal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jibin P George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.N.Madhusudanan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R.Udaya Jyothi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.K.Vijayan Pillai
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nitheesh M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Keerthi B Chandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sukanya
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
In the result, the suit is decreed directing the defendants, severally and jointly to pay an amount of Rs.4,85,456/-,(Rupees four lakhs eighty five thousand four hundred fifty six only) with 10% interest per annum from the date of suit( ie, from 5.1.2023) till the date of decree.

Documents & Evidence

Document Type: General Power of Attorney
Submitted By: Plaintiff
Relevance:
Proof of authority for the plaintiff bank.
Reference:
Ext.A1
Document Type: Authorization letter
Submitted By: Plaintiff
Relevance:
Authority granted by the plaintiff bank.
Reference:
Ext.A2
Document Type: Letter of Proprietorship
Submitted By: Plaintiff
Relevance:
Proof of the proprietorship of the first defendant.
Reference:
Ext.A3
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Application for the loan executed by the first defendant.
Reference:
Ext.A4
Document Type: Sanction Communication
Submitted By: Plaintiff
Relevance:
Confirmation of loan sanction to the defendants.
Reference:
Ext.A5
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Duplicate of the loan application executed by the first defendant.
Reference:
Ext.A6
Document Type: Loan Sanction communication
Submitted By: Plaintiff
Relevance:
Communication regarding loan sanction issued by the plaintiff bank.
Reference:
Ext.A7
Document Type: Deed agreement cum deed of hypothecation
Submitted By: Plaintiff
Relevance:
Legal document hypothecating property in favor of the bank.
Reference:
Ext.A8
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Undertaking regarding loans/advances executed by defendants.
Reference:
Ext.A9
Document Type: Letter of undertaking for coverage of loan
Submitted By: Plaintiff
Relevance:
Consent for loan coverage under CGMSE scheme.
Reference:
Ext.A10
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment of debt executed by the defendants.
Reference:
Ext.A11
Document Type: Agreement cum deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Legal agreement for hypothecation executed by the defendants.
Reference:
Ext.A12
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Another undertaking regarding loans executed by the defendants.
Reference:
Ext.A13
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Additional acknowledgment of debt related to the loan.
Reference:
Ext.A14
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants about the loan default.
Reference:
Ext.A15
Document Type: Returned Postal cover
Submitted By: Plaintiff
Relevance:
Documentation regarding service of legal notice to the first defendant.
Reference:
Ext.A16
Document Type: Returned Postal cover
Submitted By: Plaintiff
Relevance:
Documentation regarding service of legal notice to the second defendant.
Reference:
Ext.A17
Document Type: Certified copy of account extracts
Submitted By: Plaintiff
Relevance:
Financial statement regarding the first account related to the loan.
Reference:
Ext.A18
Document Type: Certified copy of account extracts
Submitted By: Plaintiff
Relevance:
Financial statement regarding the second account related to the loan.
Reference:
Ext.A19

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 Anna Granites and Tiles et al regarding recovery of money
Case Code Year
Case between Canara Bank vs Anna Granites and Tiles et al regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 01/05/2023 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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