Case Summary
Canara Bank is the plaintiff seeking repayment of a loan amount from First Care Medicals and its proprietor Afini Ashraf. The defendants failed to make proper repayments and the suit was filed after the loan account became non-performing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay an amount of 5,81,633/- with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 5,81,633/- (Rupees Five lakh Eighty one thousand Six hundred and Thirty three only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Canara Bank (Age not specified years)
SME Ernakulam Branch, Kodai Towers, Near Changampuzha park, Edapally, Ernakulam – 682 024
Defendants
First Care Medicals (Age not specified years)
Door no. 1/310-A2 Eloor Dipo Junction, Eloor North, Udyogamandal P.O, Pin – 683 501
Afini Ashraf (33 years)
Vallaipilly house, Padamugal Kakkanad, Ernakulam, Kerala – 682 030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants to pay an amount of Rs 5,81,633/- with interest
Evidence:
The suit is decreed directing the defendants to pay an amount of 5,81,633/- (Rupees Five lakh Eighty one thousand Six hundred and Thirty three only), with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Original Authorization letter issued by Canara Bank
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original Sanction Memorandum
Reference:
Ext.A3
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Original of the request for overdraft facilities
Reference:
Ext.A4
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Original cash credit agreement
Reference:
Ext.A5
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote
Reference:
Ext.A6
Document Type:
Application for Renewal
Submitted By:
Plaintiff
Relevance:
Original application for renewal
Reference:
Ext.A7
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original loan sanction memorandum
Reference:
Ext.A8
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Original letter of Renewal
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking
Reference:
Ext.A10
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original of the Acknowledgment of Debt and Security
Reference:
Ext.A11
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
True copy of the recall notice
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card of the notice issued to the 1st defendant
Reference:
Ext.A13(a)
Document Type:
Returned Cover of Notice
Submitted By:
Plaintiff
Relevance:
Original of the returned cover of the notice issued to the 2nd defendant
Reference:
Ext.A13(b)