Case Summary
The plaintiff, Canara Bank, is suing the defendants, M/s. Anna Agencies and Smt Sinty Paul, for failing to repay a loan of Rs.7,56,718.02/- taken for purchasing building construction equipment. The defendants disputed the claim, stating that the loan was taken for agricultural purposes and was not repayable as alleged by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.7,56,718.02/- from the defendants with 12% interest per annum from the date of suit till the date of decree and thereafter at the rate of 6% interest per annum till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The defendants' claims of the loan being for agricultural purposes were rejected.
Why Plaintiff Won:
The plaintiff proved the loan agreement and the defendants' default through documentary evidence.
The plaintiff proved the loan agreement and the defendants' default through documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved the loan agreement and the defendants' default through documentary evidence.
The plaintiff proved the loan agreement and the defendants' default through documentary evidence.
Supporting Evidence
The acknowledged debt was signed by the defendants in the presence of witnesses; hence, the defendants could not disprove their liability.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; (i) The plaintiff is entitled to realize Rs.7,56,718.02/- from the defendants with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- M/s. Anna Agencies
- Party Role
- Defendant
- Party Name
- Smt Sinty Paul
- Party Age
- 30
- Relation
- W/o Rijo Joseph
Plaintiffs Documents
Original loan application, Original loan sanction memorandum, Original deed of hypothecation, Original acknowledgment of debt and security
Defendants Documents
Certificate of Village Officer, Kadungalloor dated 16.11.2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kavya P. Prasad
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Asha B. Mathews
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nikhil K. Narayanan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bastian Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shabeer Ali Mohammed
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the amount due under the loan agreement.
Evidence:
The plaintiff is entitled to realize Rs.7,56,718.02/- (Rupees Seven Lakhs Fifty Six thousand Seven Hundred and Eighteen and Zero Two paisa only) from the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff requested interest on the amount due.
Evidence:
The plaintiff is entitled to 12% interest per annum from the date of suit till the date of decree and thereafter, at the rate of 6% interest per annum till the date of realization from the defendants and their assets.
Documents & Evidence
Document Type:
Original authorization letter
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the plaintiff's representative in court.
Reference:
Ext.A1(a)
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of the loan agreement between the parties.
Reference:
Ext.A2
Document Type:
Original loan sanction memorandum
Submitted By:
Plaintiff
Relevance:
Proves the amount sanctioned for the loan and the conditions thereof.
Reference:
Ext.A3
Document Type:
Original deed of hypothecation executed by the defendant
Submitted By:
Plaintiff
Relevance:
Demonstrates the security agreement related to the loan.
Reference:
Ext.A4
Document Type:
Original letter of undertaking executed by the defendant
Submitted By:
Plaintiff
Relevance:
Shows the defendants' commitment to the loan terms.
Reference:
Ext.A5
Document Type:
Original acknowledgement of debt and security
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the debt as per the defendants' admission.
Reference:
Ext.A6
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Served as part of the legal process to demand repayment.
Reference:
Ext.A7
Document Type:
Original postal receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendants.
Reference:
Ext.A8
Document Type:
Original returned legal notice of 1st defendant
Submitted By:
Plaintiff
Relevance:
Confirms that the notice was not received by the first defendant.
Reference:
Ext.A9
Document Type:
Printout of the article tracking details of 2nd defendant
Submitted By:
Plaintiff
Relevance:
Evidence related to the thereabouts of the legal notice to the second defendant.
Reference:
Ext.A10
Document Type:
Statement of extracts of loan account in name of defendants along with certification
Submitted By:
Plaintiff
Relevance:
Illustrates the outstanding balance due from the defendants.
Reference:
Ext.A11
Document Type:
Original authorization letter
Submitted By:
Plaintiff
Relevance:
Further verifies the authority of the plaintiff's representative.
Reference:
Ext.A12
Document Type:
Certificate of Village Officer, Kadungalloor
Submitted By:
Defendant
Relevance:
Presented as evidence by the defendants, though its relevance is limited.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s. Anna Agencies et al regarding suit for realization of money
Case Code Year
Case between Canara Bank vs M/s. Anna Agencies et al regarding suit for realization of money