Case Summary
Canara Bank has filed a suit against M/s. Bharath Garments for the recovery of loan amounts. The defendants defaulted on their repayment obligations despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise amounts of Rs.5,56,706.34, Rs.1,53,334.36, and Rs.89,316.58 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The plaintiff is entitled to recover several specified amounts along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to prove the loan agreement and the default by the defendants.
The plaintiff provided sufficient evidence to prove the loan agreement and the default by the defendants.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to prove the loan agreement and the default by the defendants.
The plaintiff provided sufficient evidence to prove the loan agreement and the default by the defendants.
Supporting Evidence
By producing Exts. A1 to A20 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,56,706.34/- (Rupees Five Lakhs Fifty Six Thousand Seven Hundred and Six and Paise Thirty four Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Sudheer K
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Bharath Garments
- Party Role
- Defendant
- Party Name
- Illyas K.H.
- Relation
- S/o
Plaintiffs Documents
Loan application for credit facilities to micro small enterprises, Composite hypothecation agreement, Receipt for Rs.10 Lakhs, Letter of sanction, Request for overdraft facility, Undertaking letter, Application loan form for MSMEs, Sanction letters, Agreement cum deed of hypothecation, Office copy of legal notice, Statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Abdul Khalam Khalam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover amounts due under the loan agreements.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs.5,56,706.34 with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.5,56,706.34/- (Rupees Five Lakhs Fifty Six Thousand Seven Hundred and Six and Paise Thirty four Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs.1,53,334.36 with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.1,53,334.36/- (Rupees One Lakh Fifty Three Thousand Three Hundred and Thirty Four and Paise Thirty Six Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs.89,316.58 with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.89,316.58/- (Rupees Eighty Nine Thousand Three Hundred and Sixteen and Paise Fifty Eight Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan application for credit facilities to micro small enterprises
Submitted By:
Plaintiff
Relevance:
The document was part of the evidence to prove the plaintiff's claim regarding the loan provided to the defendants.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
The document was submitted to support the claim regarding the hypothecation of assets for the business loan.
Reference:
Ext.A2
Document Type:
Receipt for loan amount
Submitted By:
Plaintiff
Relevance:
This receipt evidences the disbursement of the loan amount to the defendants.
Reference:
Ext.A3
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
This letter confirms the sanction of the loan by the plaintiff bank.
Reference:
Ext.A4
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
Indicates the defendants' request for additional financial assistance under the overdraft facility.
Reference:
Ext.A5
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
The undertaking from the defendants regarding the terms of the loan.
Reference:
Ext.A6
Document Type:
Application loan form for MSMEs
Submitted By:
Plaintiff
Relevance:
Application submitted by the defendants for the business loan under MSME provisions.
Reference:
Ext.A7
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the additional loan amount provided to the defendants.
Reference:
Ext.A8
Document Type:
Undertaking from borrower
Submitted By:
Plaintiff
Relevance:
Document evidencing further undertakings by the defendants.
Reference:
Ext.A9
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document outlining the agreement on hypothecation for the additional loan.
Reference:
Ext.A10
Document Type:
Application for MSMEs
Submitted By:
Plaintiff
Relevance:
Application form related to the loan availed by defendants under MSME.
Reference:
Ext.A11
Document Type:
Sanction Memo
Submitted By:
Plaintiff
Relevance:
Memo confirming the sanction of the loan.
Reference:
Ext.A12
Document Type:
Undertaking from borrower
Submitted By:
Plaintiff
Relevance:
Further confirmation of undertakings from the defendants regarding the loan.
Reference:
Ext.A13
Document Type:
Agreement cum deed hypothecation
Submitted By:
Plaintiff
Relevance:
Another document regarding the hypothecation for additional loans.
Reference:
Ext.A14
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to defendants regarding default in payment.
Reference:
Ext.A15
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts proving dispatch of the legal notice.
Reference:
Ext.A16
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing the defaults in repayment by the defendants.
Reference:
Ext.A17
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Another account statement evidencing defaults.
Reference:
Ext.A18
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Further account statement evidencing the financial transactions.
Reference:
Ext.A19
Document Type:
Notification
Submitted By:
Plaintiff
Relevance:
A notification related to the financial regulations applicable.
Reference:
Ext.A20
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s. Bharath Garments et al regarding realisation of money
Case Code Year
Case between Canara Bank vs M/s. Bharath Garments et al regarding realisation of money