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
Judgment Favored
Plaintiff
Relief Granted
Defendants jointly and severally to pay Rs.4,85,456/- with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants failed to repay the loan despite a legal notice and were set ex parte.
The defendants failed to repay the loan despite a legal notice and were set ex parte.
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
Plaintiffs
Canara Bank (Age not specified years)
Poothotta Branch, Ground Floor, Chingoroth building, Puthenkavu, Poothotta, Ernakulam district – 682 307
Defendants
Anna Granites and Tiles (Age not specified years)
Building No. X 123 A, Punnakkaveli, South Paravoor, Ernakulam – 682 307
Shibu P.B (49 years)
Puthanthara, Perumbalam, Alappuzha – 688 570
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