Case Summary
Canara Bank filed a suit against Gaffoor C Kammu and Surumi Gaffoor for the recovery of a vehicle loan amounting to Rs. 9,31,662 due to their default in repayment. The court heard the matter after the defendants were proceeded against exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs. 9,31,662 from the defendants and to interest from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover a sum of Rs. 9,31,662 from the defendants for the vehicle loan.
Why Plaintiff Won:
The unrebutted evidence from the plaintiff established the defendants' liability for the loan amount.
The unrebutted evidence from the plaintiff established the defendants' liability for the loan amount.
Losing Side's Weaknesses:
The unrebutted evidence from the plaintiff established the defendants' liability for the loan amount.
The unrebutted evidence from the plaintiff established the defendants' liability for the loan amount.
Supporting Evidence
The unrebutted oral testimony of PW1 established the case as pleaded by plaintiff. It was found that the defendant owes the plaint claim to the plaintiff and that it remains unpaid till date.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.9,31,662/- from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Gaffoor C Kammu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Surumi Gaffoor
- Relation
- Wife of
Plaintiffs Documents
Original authorization letter dated 17.06.2025, Original loan application dated 18.05.2015, Original loan sanction agreement dated 21.05.2015, Original letter of undertaking dated 21.05.2015, Original guarantee covering letter and guarantee agreement dated 21.05.2015, Original acknowledgment of debt and security dated 26.03.2018, Copy of lawyer's notice dated 16.12.2019, Original returned cover along with acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kavya P. Prasad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover a sum of Rs.9,31,662/- from the defendants.
Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.9,31,662/- (Rupees Nine Lakh Thirty One Thousand Six Hundred and Sixty Two only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at specified rates from the date of suit till realization.
Evidence:
2. The plaintiff is entitled to realize interest @ 12 % per annum for Rs.9,31,662/- (Rupees Nine Lakh Thirty One Thousand Six Hundred and Sixty Two only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at a reduced rate from the date of decree till realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.9,31,662/- (Rupees Nine Lakh Thirty One Thousand Six Hundred and Sixty Two only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Original authorization letter sufficient to support the plaintiff's case.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application establishing the loan's initiation.
Reference:
Ext.A2
Document Type:
Loan Sanction Agreement
Submitted By:
Plaintiff
Relevance:
Original loan sanction agreement executed by the first defendant.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking which details the loan terms.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original guarantee covering letter and guarantee agreement executed by the second defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original acknowledgment of debt and security reinforcing the defendants' liability.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice demonstrating the legal action taken prior to the suit.
Reference:
Ext.A7
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Original returned cover along with acknowledgment card indicating delivery failure of the legal notice.
Reference:
Ext.A8
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 Gaffoor C Kammu et al regarding realization of money
Case Code Year
Case between Canara Bank vs Gaffoor C Kammu et al regarding realization of money