Case Summary
The plaintiff, Canara Bank, claims that the defendants, M/s. Jacks Export Surplus and its proprietor, failed to repay a loan. The bank seeks recovery of the outstanding amount of ₹5,29,794.70.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹5,29,794.70 with interest from the date of suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 5,29,794.70/- (Rupees five lakhs twenty nine thousand seven hundred and ninety four and seventy paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Plaintiffs
Canara Bank, South Branch, Emakulam (Age not specified years)
Defendants
M/s. Jacks Export Surplus (Age not specified years)
C/o. Muhammed Kunhi, Near Pachalam ROB, SRM Cross Road, Kochi – 682 012
Mr. Muhammed Kunhi (40 years)
House No. 189-3-206, Arifa Manzil, Kunnil Haddad Nagar, Ajanur, Bekal Fort, Kasaragod, PIN – 671 531
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 5,29,794.70/- with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 5,29,794.70/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Related to the loan availed by the defendants from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Part of the loan documentation needed to establish the defendants' liability.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Provides assurance regarding the loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document indicating the renewal of the loan agreement.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Relates to the sanctioning of the loan provided to the defendants.
Reference:
Ext.A5
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
An agreement supplementing the initial loan agreement.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt owed by the defendants.
Reference:
Ext.A7
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Related to an additional loan application by the defendants.
Reference:
Ext.A8
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document related to the sanction of an additional loan.
Reference:
Ext.A9
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the agreement and hypothecation of assets against the loan.
Reference:
Ext.A10
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Another document renewing the loan terms.
Reference:
Ext.A11
Document Type:
Sanction Communication
Submitted By:
Plaintiff
Relevance:
Communication regarding the sanction of additional terms.
Reference:
Ext.A12
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Supplementing existing loan agreements.
Reference:
Ext.A13
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Further loan documentation.
Reference:
Ext.A14
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Sanction documentation for another loan or renewal.
Reference:
Ext.A15
Document Type:
Computer print out of Statement of Account for the period from 10.04.2019 to 31.03.2020
Submitted By:
Plaintiff
Relevance:
Statement of account showing transactions related to the loan.
Reference:
Ext.A16
Document Type:
Certificate u/s. 65 B of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate necessary for computer-generated documents to be admissible.
Reference:
Ext.A16(a)
Document Type:
Certificate u/s. 2A(B) and 2A (C) of the Bankers Book of Evidence Act
Submitted By:
Plaintiff
Relevance:
Certification required for evidencing bank transactions.
Reference:
Ext.A16(b)
Document Type:
Computer print out of Statement of Account for the period from 07.05.2019 to 30.10.2023
Submitted By:
Plaintiff
Relevance:
Statement of account needed for the current financial liability of the defendants (subject to proof).
Reference:
Ext.A17
Document Type:
Computer print out of Statement of Account for the period from 07.05.2019 to 31.10.2023
Submitted By:
Plaintiff
Relevance:
Statement of account needed for the current financial liability of the defendants (subject to proof).
Reference:
Ext.A18