Case Summary
Canara Bank has filed a suit against M/s Denimasia and its sole proprietor Mohammad Kunhi M.A for recovery of outstanding dues related to sanctioned loans. The defendants failed to repay the loan despite multiple reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹6,70,424.20 with 11% interest per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
The suit is decreed directing the defendants to pay an amount of 6,70,424.20/- (Rupees Six Lakh Seventy Thousand Four Hundred and Twenty Four and Twenty Paise only), with 11% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Canara Bank (Age not specified years)
Broadway branch, Shenoys Chamber, Shanmugham road, Ernakulam District – 682 031
Defendants
M/s Denimasia (Age not specified years)
2nd cross road, Manappattiparambu road, Kaloor P.O, Ernakulam District, Kerala – 682 017
Mohammad Kunhi M.A (48 years years)
Raseena Manzil, Chengala P.O, Kasargod District, Kerala – 671 123
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of outstanding dues from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of 6,70,424.20/-.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff claimed interest on the recovery amount.
Evidence:
11% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Original authorization letter
Submitted By:
Plaintiff
Relevance:
Used to establish authorization to file the suit.
Reference:
Ext.A1
Document Type:
Original letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Supported the claim of the plaintiff regarding the proprietorship of the first defendant.
Reference:
Ext.A2
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Provided evidence of loan application by the first defendant.
Reference:
Ext.A3
Document Type:
Original Sanction memorandum
Submitted By:
Plaintiff
Relevance:
Demonstrated the approval of the MSME Term Loan.
Reference:
Ext.A4
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Evidenced another application for an overdraft facility.
Reference:
Ext.A5
Document Type:
Original Sanction memorandum
Submitted By:
Plaintiff
Relevance:
Showed the sanction of the overdraft facility.
Reference:
Ext.A6
Document Type:
The original Deed of Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Provided terms and agreement for the MSME Term Loan.
Reference:
Ext.A7
Document Type:
The original letter of undertaking Re-loans/Advances
Submitted By:
Plaintiff
Relevance:
Confirmed the undertaking regarding loans.
Reference:
Ext.A8
Document Type:
The original request for overdraft facilities
Submitted By:
Plaintiff
Relevance:
Reinforced the request made for overdraft facilities.
Reference:
Ext.A9
Document Type:
The original pronote
Submitted By:
Plaintiff
Relevance:
Provided evidence of the debt acknowledgment.
Reference:
Ext.A10
Document Type:
The original cash credit Agreement
Submitted By:
Plaintiff
Relevance:
Outlined the terms of cash credit facility granted.
Reference:
Ext.A11
Document Type:
True copy of the legal notice issued to the defendants
Submitted By:
Plaintiff
Relevance:
Indicated legal actions taken prior to filing the suit.
Reference:
Ext.A12
Document Type:
The original returned postal cover sent to the 1st defendant
Submitted By:
Plaintiff
Relevance:
Showed that the notice could not be delivered.
Reference:
Ext.A13
Document Type:
The original returned postal cover sent to the 2nd defendant
Submitted By:
Plaintiff
Relevance:
Confirmed non-delivery of notice to the second defendant.
Reference:
Ext.A14
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided details of transactions for MSME Term Loan.
Reference:
Ext.A15
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided details of transactions for the Overdraft Facility.
Reference:
Ext.A16