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
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest. The defendant is directed to pay the specified amount along with accrued interest.
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.
Losing Side's Weaknesses:
Plaintiff established a case and provided sufficient evidence of the outstanding amount.
Plaintiff established a case and provided sufficient evidence of the outstanding amount.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,41,878.94/- with interest from defendant.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Hill Green
- Relation
- Represented by
Plaintiffs Documents
Letter of Sanction, Demand promissory note for Rs. 3,00,000/-, Cash Credit agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U Jayakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sooraj D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthy Xavier
- Appearance Type
- Main Counsel
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
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 Hill Green regarding realization of money.
Case Code Year
Case between Canara Bank vs M/s Hill Green regarding realization of money.