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Commercial Suit No.19/2021

Case between CANARA BANK vs M/S GRAND FURNITURE AND INTERIORS regarding recovery of loan amount

Court
Commercial Court III Addl. Sub Judge
Judge
Sri. Sidhik. K
Order Date
2025-06-26
Duration
approximately-5 years 5 months
Case Closed
Thu, 06/26/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Canara Bank, has filed a suit against the defendants for the recovery of a loan amount of ₹12,77,700. The defendants have failed to repay the loan despite repeated requests.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, directing the defendants to pay the amount along with interest. The court found that the defendants were liable for the loan amount.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay ₹12,77,700 to the plaintiff and interest at the rate of 6% per annum from the date of the suit till realization.
Case Type
Commercial Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay the amount along with interest. The court found that the defendants were liable for the loan amount.
Why Plaintiff Won:
The defendants failed to establish their claims and did not repay the loan as per agreement.
Losing Side's Weaknesses:
The defendants failed to establish their claims and did not repay the loan as per agreement.
Supporting Evidence
On perusal of Ext. P10 account statement in the light of oral testimony given by PW1, it will prove that plaintiff bank calculated interest at the rate of 11%.

Judgment Evidence:

Accordingly, Issue nos. 1 to 5 are answered in favour of the plaintiff. The suit is decreed as follows: 1. Defendants are directed to pay an amount of ₹12,77,700 to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
CANARA BANK
Party Role
Defendant
Party Name
M/S GRAND FURNITURE AND INTERIORS
Relation
REP. BY ITS PROPRIETOR
Party Role
Defendant
Party Name
Mr. PREM SAHIR P
Relation
S/o. SYED MUHAMMED PUTHUSSERI
Plaintiffs Documents
Letter of Proprietorship, Request for overdraft facilities, Demand Promissory note, Cash credit Agreement, Letter of undertaking re-loans/Advance, Letter of renewal, Acknowledgment of debt and security, Copy of legal notice, Postal receipt, Certified copy of Cash Credit account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.K. Madhu Sudan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. P.A. Sajeed
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Ameer Ali. V.K
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants are directed to pay the outstanding amount to the plaintiff.
Evidence:
The suit is decreed as follows: Defendants are directed to pay an amount of .12,77,700/- (Rupees twelve lakh seventy seven thousand seven hundred only) to the plaintiff.
Relief Type: Interest
Outcome: Granted
Description:
Interest at the rate of 6% per annum is awarded from the date of the suit till realization.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.

Documents & Evidence

Document Type: Letter of Proprietorship
Submitted By: Plaintiff
Relevance:
Proves that the second defendant is the sole proprietor of the first defendant firm.
Reference:
Ext.A1
Document Type: Request for Overdraft Facilities
Submitted By: Plaintiff
Relevance:
Shows that the second defendant applied for an overdraft facility.
Reference:
Ext.A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Indicates the promise made by the defendants to pay back the loan amount.
Reference:
Ext.A3
Document Type: Cash Credit Agreement
Submitted By: Plaintiff
Relevance:
Confirms the cash credit facility granted to the defendants.
Reference:
Ext.A4
Document Type: Letter of undertaking re-loans/Advance
Submitted By: Plaintiff
Relevance:
Details the agreement by the defendants to repay the loan with interest.
Reference:
Ext.A5
Document Type: Letter of renewal
Submitted By: Plaintiff
Relevance:
Demonstrates the renewal of the cash credit facility.
Reference:
Ext.A6
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledges the debt owed by the defendants.
Reference:
Ext.A7
Document Type: Copy of legal notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of the plaintiff's demand for repayment.
Reference:
Ext.A8
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Confirms the sending of the legal notice to the defendants.
Reference:
Ext.A9
Document Type: Certified copy of Cash Credit account
Submitted By: Plaintiff
Relevance:
Shows the outstanding balance and interest owed by the defendants.
Reference:
Ext.A10

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between CANARA BANK vs M/S GRAND FURNITURE AND INTERIORS regarding recovery of loan amount
Case Code Year
Case between CANARA BANK vs M/S GRAND FURNITURE AND INTERIORS regarding recovery of loan amount

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Tue, 05/26/2020 - 12:00
Case Closed
Thu, 06/26/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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