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O.S No. 248/2023

Case between Canara Bank vs M/s Design Tech et al regarding recovery of money

Court
COURT OF THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-03-27
Duration
approximately-5 years 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Canara Bank seeking to recover a loan amount from M/s Design Tech and its proprietor Mr. Gopi Krishnan P.T. The defendants failed to repay the loan despite executing a loan agreement and acknowledgment of debt.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendants to pay Canara Bank a total of Rs.7,31,700 with interest. The defendants are liable to repay the loan amount as they failed to do so despite adequate legal procedures.
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay Rs.7,31,700 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendants to pay Canara Bank a total of Rs.7,31,700 with interest. The defendants are liable to repay the loan amount as they failed to do so despite adequate legal procedures.
Why Plaintiff Won:
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.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.

Judgment Evidence:

In the result, the suit is decreed directing the defendants, severally and jointly to pay an amount of Rs.7,31,700/- with 8% interest per annum from the date of suit( ie, from 8.3.2023) 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 Design Tech
Relation
Represented by
Party Role
Defendant
Party Name
Mr.Gopi Krishnan P.T
Party Age
51
Plaintiffs Documents
Photocopy of Loan Application, Original of Sanction memorandum, Original Agreement cum deed Hypothecation, Original Acknowledgement of Debt and Security, True copy of Statement of account of term loan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V.K.Hema
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arunima N.R
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
A decree directing the defendants to pay Rs.7,31,700/- with interest.
Evidence:
In the result, the suit is decreed directing the defendants, severally and jointly to pay an amount of Rs.7,31,700/- (Rupees seven lakhs thirty one thousand seven hundred only) with 8% interest per annum from the date of suit (ie, from 8.3.2023) till the date of decree.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A2
Document Type: Agreement cum deed Hypothication
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A3
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the defendants' acknowledgment of debt.
Reference:
Ext.A4
Document Type: Statement of account of term loan
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan amount due.
Reference:
Ext.A5
Document Type: Loan application for OCC
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A6
Document Type: Loan Sanction memorandum for OCC
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A7
Document Type: Cash Credit Agreement
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A8
Document Type: Pro-note
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan amount due.
Reference:
Ext.A9
Document Type: Letter for undertaking
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A10
Document Type: Guarantee covering letter
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A11
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A12
Document Type: Request for Over Draft facilities
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A13
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the defendants' acknowledgment of debt.
Reference:
Ext.A14
Document Type: Letter of Proprietorship
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A15
Document Type: Letter of Proprietorship
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan agreement.
Reference:
Ext.A16
Document Type: Statement of account of OCC
Submitted By: Plaintiff
Relevance:
Part of the documentation proving the loan amount due.
Reference:
Ext.A17

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 Design Tech et al regarding recovery of money
Case Code Year
Case between Canara Bank vs M/s Design Tech et al regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 05/30/2018 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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