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
The suit was decreed in favor of the plaintiff, directing the defendants to pay an amount of ₹6,70,424.20 along with interest. The defendants failed to appear in court.
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.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove 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
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by the Senior Manager and the Principal Officer Rancha Kumar R
- Party Role
- Defendant
- Party Name
- M/s Denimasia
- Party Role
- Defendant
- Party Name
- Mohammad Kunhi M.A
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original Authorization letter, Original letter of Proprietorship, Original Loan application, Original Sanction Memorandum, Original loan application, Original Sanction memorandum, Original Deed of Agreement cum deed of Hypothecation, The original letter of undertaking Re-loans/Advances, The original request for overdraft facilities, The original pronote, The original cash credit Agreement, True copy of the legal notice issued to the defendants, The original returned postal cover sent to the 1st defendant, The original returned postal cover sent to the 2nd defendant, Statement of account bearing A/c no. 170008415063 issued by Canara Bank, Broadway, Ernakulam for the period from 05.06.23 to 12.11.24, Statement of account bearing A/c no. 125004408321 issued by Canara Bank, Broadway, Ernakulam for the period from 05.06.23 to 12.11.24.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Srinath S Subramanian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jibin P George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswany Ujwal
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs M/s Denimasia et al regarding recovery of outstanding dues
Case Code Year
Case between Canara Bank vs M/s Denimasia et al regarding recovery of outstanding dues