Case Summary
Canara Bank has filed a suit against M/s Aarcha’ s Stitching and Boutique and its proprietor Surya Manoj Kumar for recovery of outstanding loan amounts due to default in repayment. The defendants admit borrowing but contend that they made payments regularly until financial constraints arose due to the Covid-19 pandemic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.41,524/- with interest @ 6% per annum for the principal amount of Rs.36,000/-
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, allowing the plaintiff to recover a specified amount with interest. Each party shall bear their own costs.
Why Plaintiff Won:
The plaintiff substantiated their claims regarding the loans and repayment defaults.
The plaintiff substantiated their claims regarding the loans and repayment defaults.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It can be held that the plaintiffs could establish their case and hence they are entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, Suit is decreed in part as follows: The plaintiff is entitled to realise an amount of Rs.41,524/- with interest @ 6% per annum for the principal amount of Rs.36,000/- from the date of suit till realisation of amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Aarcha’ s Stitching and Boutique
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Surya Manoj Kumar
- Party Age
- 41
- Relation
- W/o Manoj Kumar
Plaintiffs Documents
Agreement cum Deed of Hypothecation dated 03.12.2015, statements of account.
Defendants Documents
Tax receipt dated 03.01.2025, notice issued by the Tahsildar.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Priya R Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V R Raveendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiff's claim for recovery of Rs.41,524/-
Evidence:
Hence the plaintiff is entitled to realise the amount as claimed for in the said transaction.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the loan of Rs.1,20,000/-
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd defendant for the loan amount
Reference:
Ext.A2
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd defendant on 10.12.2015
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed for loan amount of Rs.30,000/-
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transactions related to the first loan account
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transactions related to the second loan account
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transactions related to the third loan account
Reference:
Ext.A7
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notices issued to the 2nd defendant by the bank
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the defendant
Reference:
Ext.A9
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the 2nd defendant
Reference:
Ext.A10
Document Type:
Delivery Letter
Submitted By:
Plaintiff
Relevance:
Delivery confirmation signed by the 2nd defendant
Reference:
Ext.A11
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Signed acknowledgment relating to the debt
Reference:
Ext.A12
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Signed renewal letter by the 2nd defendant
Reference:
Ext.A13
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Acknowledgment signed by the 2nd defendant relating to security
Reference:
Ext.A14
Document Type:
Certificate of Statement of Account
Submitted By:
Plaintiff
Relevance:
Certificate detailing the account status
Reference:
Ext.A15
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Document related to tax payment by the defendant
Reference:
Ext.B1
Document Type:
Demand Notice
Submitted By:
Defendant
Relevance:
Notice issued under Revenue Recovery Act against the defendant
Reference:
Ext.B2
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 M/s Aarcha’ s Stitching and Boutique et al regarding recovery of loan amount.
Case Code Year
Case between Canara Bank vs M/s Aarcha’ s Stitching and Boutique et al regarding recovery of loan amount.