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
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.
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
Plaintiffs
Canara Bank (Age not specified years)
Specialized SME Branch, Ernakulam, Near Chengampuzha Park, Edappally, Ernakulam 682024
Defendants
Gaffoor C Kammu (Age not specified years)
Arakkaparambil House, SRM Road P.O, Ernakulam, Kochi -18
Mrs. Surumi Gaffoor (Age not specified years)
Arakkaprambil House, SRM Road P.O, Ernakulam, Kochi 18
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