Case Summary
Plaintiff Canara Bank filed suit to recover outstanding dues from defendant Ardra K.R for a loan availed, default in repayment and breach of contractual terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Plaintiff Canara Bank granted a sum of ₹8,21,978.29 along with interest and costs. Defendant Ardra K.R was directed to pay the same.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Rohit R
- Party Age
- 33
- Relation
- S/o N.Ravikumar
- Party Role
- Defendant
- Party Name
- Ardra K.R
- Party Age
- 33
- Relation
- D/o C.K.Rajappan
Plaintiffs Documents
Request for overdraft facilities, Cash Credit Agreement, Demand Promissory Note, Letter of undertaking, Letter of Proprietorship, Agreement cum Deed of Hypothication, Particulars of Vehicles / Machinery/Equipment Hypothecated, Application for Restructuring, Debt Restructuring Agreement, Letter of undertaking, Agreement cum Deed of Hypothication, Acknowledgment of Debts and Security, Copy of the lawyer's notice, Postal receipt, Returned cover, True copy statement of Account for General and Agriculture Advances for the period 31/12/2019-11/03/2024, Statement showing effect of capitalisation of penal interest, Calculation of statement from 08/03/2024 to 11/03/2024, True copy of Authorisation letter, True copy of Authorisation letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K. Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money and Loan Recovery
Outcome:
Granted
Description:
Plaintiff awarded ₹8,21,978.29 with interest and costs
Evidence:
The plaintiff has satisfactorily proved the outstanding liability. The interest claimed by the plaintiff is in accordance with the contractual terms and within the permissible limits as per RBI guidelines.
Documents & Evidence
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit showing initial loan request
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of cash credit agreement
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of the promissory note
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of the letter of undertaking
Reference:
Ext.A4
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of proprietorship letter
Reference:
Ext.A5
Document Type:
Agreement cum Deed of Hypothication
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of agreement and deed of hypothecation
Reference:
Ext.A6
Document Type:
Particulars of Vehicles / Machinery/Equipment Hypothecated
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of particulars of hypothecated items
Reference:
Ext.A7
Document Type:
Application for Restructuring
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibits of loan restructuring documents
Reference:
Ext.A8 to Ext.A11
Document Type:
Acknowledgment of Debts and Security
Submitted By:
Plaintiff
Relevance:
Document showing acknowledgment of debts and security
Reference:
Ext.A12
Document Type:
Copy of the lawyer's notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of legal notice sent to defendant
Reference:
Ext.A13
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of postal receipt
Reference:
Ext.A14
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of the returned cover for the postal notice
Reference:
Ext.A15
Document Type:
True copy statement of Account for General and Agriculture Advances
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of account statement
Reference:
Ext.A16
Document Type:
True copy of Authorisation letter
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit of authorization letters
Reference:
Ext.A19 and Ext.A20
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Money and Loan Recovery
Case Code
Case between Canara Bank vs Ardra K.R regarding realization of money
Case Code Year
Case between Canara Bank vs Ardra K.R regarding realization of money