Case Summary
The plaintiff, Canara Bank, sanctioned loans to the defendants, Mathew Skariah and Nanma Distributors. The defendants defaulted on repayment, prompting the plaintiff to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 18,923.72, 5,65,182.42, and 56,131.98 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay specified amounts.
Why Plaintiff Won:
The evidence adduced on the side of the plaintiff established the case convincingly.
The evidence adduced on the side of the plaintiff established the case convincingly.
Losing Side's Weaknesses:
The evidence adduced on the side of the plaintiff established the case convincingly.
The evidence adduced on the side of the plaintiff established the case convincingly.
Supporting Evidence
There is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence the plaintiff is entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is ordered that the defendants to pay to the plaintiff the sum of 18,923.72 (Rupees Eighteen Thousand Nine Hundred and Twenty Three and Seventy Two Paise Only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Mathew Skariah
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nanma Distributors
Plaintiffs Documents
Various loan applications, agreements, and statements of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Clareness Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Nrupen Vadakken
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordered defendants to pay Rupees Eighteen Thousand Nine Hundred and Twenty Three and Seventy Two Paise with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 18,923.72 (Rupees Eighteen Thousand Nine Hundred and Twenty Three and Seventy Two Paise Only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordered defendants to pay Rupees Five Lakh Sixty Five Thousand One Hundred and Eighty Two and Forty Two Paise with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 5,65,182.42 (Rupees Five Lakh Sixty Five Thousand One Hundred and Eighty Two and Forty Two Paise Only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordered defendants to pay Rupees Fifty Six Thousand One Hundred and Thirty One and Ninety Eight Paise with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 56,131.98 (Rupees Fifty Six Thousand One Hundred and Thirty One and Ninety Eight Paise Only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendants to avail the loan.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendants for a subsequent loan.
Reference:
Ext.A2
Document Type:
Original Application
Submitted By:
Plaintiff
Relevance:
Original application for the loan on record.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Documentation securing the loans granted to the defendants.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Memorandum indicating approval of the loan.
Reference:
Ext.A5
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Additional sanction memorandum for a subsequent loan.
Reference:
Ext.A6
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter confirming the sanction of a loan.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendants as part of the loan agreement.
Reference:
Ext.A8
Document Type:
Request for Over Draft facilities
Submitted By:
Plaintiff
Relevance:
Request from the defendants for overdraft facilities.
Reference:
Ext.A9
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to cash credit facilities provided to the defendants.
Reference:
Ext.A10
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Another promissory note executed by the defendants.
Reference:
Ext.A11
Document Type:
Debit balance conformation letter
Submitted By:
Plaintiff
Relevance:
Letter confirming the debit balance in the defendants' account.
Reference:
Ext.A12
Document Type:
Debit balance conformation letter
Submitted By:
Plaintiff
Relevance:
Confirmation of the ongoing debit balance.
Reference:
Ext.A13
Document Type:
Debit balance conformation letter
Submitted By:
Plaintiff
Relevance:
Further confirmation of the debit balance.
Reference:
Ext.A14
Document Type:
Debit balance conformation letter
Submitted By:
Plaintiff
Relevance:
Continued confirmation of the debit balance.
Reference:
Ext.A15
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing the account transactions from 08.11.2018 to 01.04.2024.
Reference:
Ext.A16
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement covering transactions from 29.07.2020 to 29.02.2024.
Reference:
Ext.A17
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account details from 03.09.2020 to 31.03.2024.
Reference:
Ext.A18
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment of the loan.
Reference:
Ext.A19
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the lawyer's notice.
Reference:
Ext.A20
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Additional postal receipts associated with the lawyer's notice.
Reference:
Ext.A20(a)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Further postal receipts related to the notice sent.
Reference:
Ext.A20(b)
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Returned cover indicating unsuccessful delivery of notice.
Reference:
Ext.A21
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Mathew Skariah et al regarding Suit for realisation of money.
Case Code Year
Case between Canara Bank vs Mathew Skariah et al regarding Suit for realisation of money.