Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount due from the defendants, M/s. Fathima Garments and Stitching Centre. The defendants allegedly defaulted on a business loan of Rs. 2,00,000/- and the plaintiff is claiming the outstanding amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.2,25,042.86/- together with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff has succeeded in proving his case by providing sufficient evidence.
The plaintiff has succeeded in proving his case by providing sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A8 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.2,25,042.86/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Ammu Suresh
- Party Age
- 32
- Relation
- W/o.Ratheesh P.R.
- Party Role
- Defendant
- Party Name
- M/s. Fathima Garments and Stitching Centre
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Muhammad Sidhik
- Party Age
- 44
- Relation
- S/o.Maidheen Kunju
Plaintiffs Documents
Application for credit facility dated 11/07/2019, Agreement cum deed of hypothecation dated 12/07/2019, Sanction letter dated 12/07/2019, Letter of proprietorship dated 12/07/2019, Acknowledgment of debt dated 04/02/2022, Office copy of legal notice dated 04/05/2023, Postal receipt dated 04/05/2023, Account statement from the period 01/07/2019 to 28/04/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.AbdulKhalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nazrin A.Khalam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Santhi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 2,25,042.86 along with interest.
Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.2,25,042.86/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
(ii) The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application for credit facility
Submitted By:
Plaintiff
Relevance:
This document is evidence that the defendant applied for a business loan from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This agreement details the terms under which the loan was sanctioned.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms that the loan was officially sanctioned by the bank.
Reference:
Ext.A3
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
This document establishes that the second defendant is the proprietor of the first defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This acknowledgment indicates the second defendant recognized the debt on 04/02/2022.
Reference:
Ext.A5
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the outstanding loan.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms that the legal notice was sent.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement provides details of the loan account and transactions related to it.
Reference:
Ext.A8
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. Fathima Garments and Stitching Centre regarding realisation of money.
Case Code Year
Case between Canara Bank vs M/s. Fathima Garments and Stitching Centre regarding realisation of money.