Case Summary
This case involves Canara Bank suing M/s Hill Green for defaulting on a loan. The plaintiff contends that the defendant failed to repay an outstanding balance and the court delivered a judgment in favor of the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,41,878.94/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case and provided sufficient evidence of the outstanding amount.
Plaintiff established a case and provided sufficient evidence of the outstanding amount.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.3,41,878.94/- along with 11.2% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Canara Bank (Age not specified years)
Kadavanthra 1 branch, Ernakulam- 682020
Defendants
M/s Hill Green (Age not specified years)
Paramble Plaza, No. 63845C, Opposite Similas, K K Road, Kathrikadavu, Kadavanthra, Ernakulam- 682017. residing at Kulathumkal, Naranamthode, Kollamula, Thulappally P O, Nellimal, Pathanamthitta, Kerala Pin- 686510.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.3,41,878.94/- along with interest.
Evidence:
Defendant is directed to pay interest @11.2% per annum from the date of suit till the date of realization or payment and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Copy of the letter of sanction dated 13.12.2017 executed by defendant in favour of the plaintiff.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note dated 13.12.2017 for Rs.3,00,000/-.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Copy of cash credit agreement dated 13.12.2017.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment of debt and security dated 08.03.2019 executed by defendant in favour of the plaintiff.
Reference:
Ext.A4
Document Type:
Letter of Sanction of CFITL
Submitted By:
Plaintiff
Relevance:
Copy of letter of sanction of CFITL dated 01.09.2020.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment of debt and security dated 07.03.2022.
Reference:
Ext.A6
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Copy of letter of renewal dated 03.09.2021 executed by defendant in favour of plaintiff.
Reference:
Ext.A7
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Copy of letter of sanction dated 03.09.2021 executed by defendant in favour of plaintiff.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Extract of working capital loan account No.1859261005174 in the name of defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Extract of CFITL Account No.1859710000024 in the name of defendant.
Reference:
Ext.A10
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 27.06.2023.
Reference:
Ext.A11
Document Type:
Postal receipt and returned cover
Submitted By:
Plaintiff
Relevance:
Postal receipt of lawyers notice sent dated 30.06.2023.
Reference:
Ext.A12
Document Type:
Postal track reports
Submitted By:
Plaintiff
Relevance:
Copy of postal track reports evidencing issuance of lawyer notice.
Reference:
Ext.A13