Case Summary
Canara Bank has filed a suit against Janisha. K.K to recover the outstanding loan amounts. The defendant defaulted on loan repayments for agricultural and construction business loans.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,86,242/- along with interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is to pay a total of Rs.4,86,242 to the plaintiff along with specified interest. The defendant is also ordered to cover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved the default in loan repayments through witness testimony and documented evidence.
The plaintiff proved the default in loan repayments through witness testimony and documented evidence.
Losing Side's Weaknesses:
The plaintiff proved the default in loan repayments through witness testimony and documented evidence.
The plaintiff proved the default in loan repayments through witness testimony and documented evidence.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A9.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is directed to pay Rs.4,86,242/- (Rupees Four Lakhs Eighty Six Thousand Two Hundred And Forty Two Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Janisha. K.K
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Sanction Memorandum, Agreement of Hypothecation for Agriculture, Agreement Cum Deed of Hypothecation, Acknowledgment of debt and security, Copy of account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy K.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the total outstanding amount to the plaintiff.
Evidence:
The suit is decreed as follows: The defendant is directed to pay Rs.4,86,242/- (Rupees Four Lakhs Eighty Six Thousand Two Hundred And Forty Two Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
The document evidences the sanction of the agricultural loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation for Agriculture
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan amount with the hypothecation of the defendant's crops.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
The document evidences the sanction of the MSME loan availed by the defendant.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the MSME loan with the hypothecation of the stock of construction materials.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This acknowledgment confirms the outstanding debt in the KCCS account.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This acknowledgment confirms the outstanding debt in the MSME account.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the defendant regarding the outstanding debts.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the dispatch of legal documents to the defendant.
Reference:
Ext.A8
Document Type:
Copy of account statement for period
Submitted By:
Plaintiff
Relevance:
The account statement detailing the transactions related to the loans availed by the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Canara Bank vs Janisha. K.K regarding realization of money
Case Code Year
Case between Canara Bank vs Janisha. K.K regarding realization of money