Case Summary
Canara Bank filed a suit against Manoj.K and Suresh Kumar for the realisation of loan amount due to default on repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree for realisation of loan amount with interest
Case Type
Civil Suit - Loan Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff proved its case with cogent and reliable evidence as the defendants failed to challenge the evidence.
The plaintiff proved its case with cogent and reliable evidence as the defendants failed to challenge the evidence.
Losing Side's Weaknesses:
The plaintiff proved its case with cogent and reliable evidence as the defendants failed to challenge the evidence.
The plaintiff proved its case with cogent and reliable evidence as the defendants failed to challenge the evidence.
Supporting Evidence
The PW1 adduced evidence in tune with the averments in the plaint. Since the defendants filed no written statement, the evidence adduced by the PW1 remained unchallenged.
Judgment Evidence:
The plaintiff has proved its case by adducing cogent and reliable evidence, thereby establishing the claim for realisation of the loan amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank. Represented by its Manager, Valanchery Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Manoj.K
- Party Age
- 38
- Relation
- S/o. Unnikrishnan Nair, Proprietor
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Party Age
- 49
- Relation
- S/o. Neelakandan Namboothiri
Plaintiffs Documents
Ext.A1: Application of loan, Ext.A2: Agreement cum Deed of Hypothecation, Ext.A3: Guarantee agreement, Ext.A4: Guarantee covering letter, Ext.A5: Acknowledgement of Debt & security, Ext.A6: Lawyer notice, Ext.A7: Lawyer notice, Ext.A8: Ledger extract
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mercyamma Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Najumudheen
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Loan Recovery
Outcome:
Granted
Description:
Decree for realisation of loan amount with interest
Evidence:
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding loan amount with interest.
Documents & Evidence
Document Type:
Application of loan
Submitted By:
Plaintiff
Relevance:
Document submitted by plaintiff for loan application
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement executed by defendants for loan transaction
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Agreement by the defendants as guarantors
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Letter related to the guarantee by the defendants
Reference:
Ext.A4
Document Type:
Acknowledgement of Debt & security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt and security
Reference:
Ext.A5
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Ledger extract detailing the loan transaction
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit - Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between Canara Bank vs Manoj.K et al regarding loan recovery
Case Code Year
Case between Canara Bank vs Manoj.K et al regarding loan recovery