Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount from the defendants, who failed to repay despite reminders. The defendants, including the proprietor of the bakery, were given financial assistance under an MSME loan but defaulted on repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 4,11,178.75 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to repay the loan amount with interest. The plaintiff bank successfully proved its case.
Why Plaintiff Won:
The plaintiff successfully proved its case based on the evidence presented.
The plaintiff successfully proved its case based on the evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Ext.A1 to A11 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her 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: The plaintiff is entitled to realise an amount of Rs. 4,11,178.75 with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Chathanoor Branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- M/s. Hashir Fruits and Bakery
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Hashir Ravuthar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Authorized letter dated 30/09/2024, notification No.GSR.155(E) dated 04/03/2020, loan application dated 02/10/2017, letter of sanction dated 17/10/2017, composite hypothecation agreement dated 17/10/2017, guarantee agreement dated 17/10/2017, acknowledgment of debt dated 17/02/2020, office copy of the Lawyer's notice dated 13/10/2022, postal receipt dated 13/10/2022, copy of notice dated 30/07/2022, statement of loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount.
Evidence:
Hence, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 4,11,178.75/- with interest at the rate of 6% per annum.
Documents & Evidence
Document Type:
Authorized letter
Submitted By:
Plaintiff
Relevance:
Authored letter dated 30/09/2024 confirming the loan agreement.
Reference:
Ext.A1
Document Type:
Notification
Submitted By:
Plaintiff
Relevance:
Notification No.GSR.155(E) regarding MSME loans.
Reference:
Ext.A2
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application for credit facilities dated 02/10/2017.
Reference:
Ext.A3
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Letter of sanction dated 17/10/2017 for the loan.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the hypothecation terms dated 17/10/2017.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement dated 17/10/2017 from the 3rd defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed on 17/02/2020.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer's notice sent on 13/10/2022.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 13/10/2022 confirming service of notice.
Reference:
Ext.A9
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Copy of notice dated 30/07/2022 regarding outstanding dues.
Reference:
Ext.A10
Document Type:
Statement of Loan Account
Submitted By:
Plaintiff
Relevance:
Statement of loan account for the period from 17/10/2017 to 22/08/2022.
Reference:
Ext.A11
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 Loan
Case Code
Case between Canara Bank vs M/s. Hashir Fruits and Bakery et al regarding Realisation of Money.
Case Code Year
Case between Canara Bank vs M/s. Hashir Fruits and Bakery et al regarding Realisation of Money.