Case Summary
Canara Bank has filed a suit against Mr.Abu Sabir for the recovery of a loan amount. The defendant did not appear in court, and the bank claims that a significant amount is due from him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs 8,03,866.15 from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the bank to recover the due amount from the defendant along with interest.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged oral testimony and supporting documents.
The plaintiff proved their case through unchallenged oral testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged oral testimony and supporting documents.
The plaintiff proved their case through unchallenged oral testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibit A1 to A12 documents.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs 8,03,866.15 (Rupees eight lakhs three thousand eight hundred and sixty six and paise one five only from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Mr.Abu Sabir
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Loan sanction memorandum, Demand promissory note, Request for overdraft facility, Cash credit agreement, Letter of undertaking, Sanction memorandum, Pronote, Letter of renewal, Supplemental agreement, Copy of lawyer notice, Undelivered cover, Account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Lissy K.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Jamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the amount due from the defendant.
Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs 8,03,866.15 (Rupees eight lakhs three thousand eight hundred and sixty six and paise one five only from the defendant with interest at the rate of 9 percent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
2.The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan sanction.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document outlining the promissory note executed by the defendant.
Reference:
Ext.A2
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's request for an overdraft facility.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the cash credit facility granted to the defendant.
Reference:
Ext.A4
Document Type:
Letter of undertaking re-loan/advances
Submitted By:
Plaintiff
Relevance:
Document evidencing the undertaking provided by the defendant.
Reference:
Ext.A5
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the renewal of the loan sanction.
Reference:
Ext.A6
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document evidencing the promissory note for the renewed loan.
Reference:
Ext.A7
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document showing the renewal of the loan facility.
Reference:
Ext.A8
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Agreement supplementing the original loan agreement.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the claim.
Reference:
Ext.A10
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Document relating to the postal cover returned undelivered.
Reference:
Ext.A11
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Document showing the account details and outstanding balance.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Mr.Abu Sabir regarding realization of amount
Case Code Year
Case between Canara Bank vs Mr.Abu Sabir regarding realization of amount